83 FR 47283 - Extension of Import Restrictions Imposed on Archaeological Material From Cambodia
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY Federal Register Volume 83, Issue 182 (September 19, 2018)
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
Federal Register Volume 83, Issue 182 (September 19, 2018)
| Page Range | 47283-47284 | |
| FR Document | 2018-20316 |
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)] [Rules and Regulations] [Pages 47283-47284] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20316] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations [[Page 47283]] DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 18-11] RIN 1515-AE40 Extension of Import Restrictions Imposed on Archaeological Material From Cambodia AGENCY: U.S. Customs and Border Protection; Department of Homeland Security; Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological material from Cambodia. The restrictions, which were originally imposed by CBP Dec. 03-28, and last extended by CBP Dec. 13-15, are due to expire on September 19, 2018. The Acting Under Secretary for Public Diplomacy and Public 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 further extension through September 19, 2023. 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. CBP Dec. 08-40 contains the amended Designated List of archaeological material from Cambodia to which the restrictions apply. DATES: Effective Date: September 19, 2018. FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. Burley, Branch Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0215, [email protected]. 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 Convention on Cultural Property Implementation Act, Public Law 97-446, 19 U.S.C. 2601 et seq. (hereinafter, ``the Cultural Property Implementation Act'' or ``the Act''), which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (hereinafter, ``1970 UNESCO Convention'' or ``the Convention'' (823 U.N.T.S. 231 (1972))), the United States entered into a bilateral agreement, or Memorandum of Understanding (MOU), with Cambodia on September 19, 2003 to impose import restrictions on certain Khmer archaeological material from the 6th century through the 16th century A.D. On September 22, 2003, U.S. Customs and Border Protection (CBP) published a final rule (CBP Dec. 03-28) in the Federal Register (68 FR 55000), which amended Sec. 12.104g(a) of title 19 of the Code of Federal Regulations (19 CFR 12.104g(a)) to reflect the imposition of these restrictions and included a list covering certain Khmer stone, metal and ceramic archaeological material. These import restrictions subsumed emergency import restrictions on certain stone archaeological material (T.D. 99-88), which were published in the Federal Register (64 FR 67479) on December 2, 1999. These restrictions were to be effective through September 19, 2008. On September 19, 2008, CBP published a final rule (CBP Dec. 08-40) in the Federal Register (73 FR 54309), which amended 19 CFR 12.104g(a) to reflect the extension of these import restrictions for an additional period of five years until September 19, 2013. This document also amended the Designated List to include new categories of objects (glass and bone) and additional subcategories of stone and metal objects from the Bronze Age (c. 1500 B.C.-500 B.C.) and the Iron Age (c. 500 B.C.- 550 A.D.), covering archaeological material from the Bronze Age through the Khmer Era (16th c. A.D.). On January 7, 2013, the United States Department of State proposed in the Federal Register (78 FR 977) to extend the MOU between the United States and Cambodia concerning the imposition of import restrictions on archaeological material from Cambodia. On June 10, 2013, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, made the determination to extend the import restrictions for an additional five years. On September 16, 2013, CBP published a final rule (CBP Dec. 13-15) in the Federal Register (78 FR 56832), which further extended the import restrictions for an additional five years. The import restrictions are due to expire on September 19, 2018. Import restrictions listed at 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. On April 11, 2018, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, after consultation with and recommendations by the Cultural Property Advisory Committee, determined that the cultural heritage of Cambodia continues to be in jeopardy from pillage of certain archaeological material and that the import restrictions should be extended 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 amended Designated List of archaeological material from Cambodia covered by these import restrictions is set forth in CBP Dec. 08-40. The Designated List and additional information may also be found at the following website address: https:// [[Page 47284]] eca.state.gov/cultural-heritage-center/cultural-property-protection/ bilateral-agreements by clicking on ``Cambodia.'' The restrictions on the importation of archaeological material from Cambodia are to continue in effect through September 19, 2023. Importation of such material from Cambodia continues to be restricted through that date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). 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 Orders 12866 and 13771 CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 or Executive Order 13771 because it pertains to a foreign affairs function of the United States, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866 and section 4(a) of Executive Order 13771. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or that of his/her delegate) to approve regulations related to customs revenue functions. 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(a), the table is amended in the entry for Cambodia by removing the words ``CBP Dec. 13-15'' in the column headed ``Decision No.'' and adding in its place the words ``CBP Dec. 18-11''. Kevin K. McAleenan, Commissioner, U.S. Customs and Border Protection. Approved: September 13, 2018. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2018-20316 Filed 9-18-18; 8:45 am] BILLING CODE 9111-14-P
![47283
Rules and Regulations Federal Register
Vol. 83, No. 182
Wednesday, September 19, 2018
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: For categories of objects (glass and bone)
contains regulatory documents having general regulatory aspects, Lisa L. Burley, and additional subcategories of stone
applicability and legal effect, most of which Branch Chief, Cargo Security, Carriers and metal objects from the Bronze Age
are keyed to and codified in the Code of and Restricted Merchandise Branch, (c. 1500 B.C.–500 B.C.) and the Iron Age
Federal Regulations, which is published under Regulations and Rulings, Office of (c. 500 B.C.–550 A.D.), covering
50 titles pursuant to 44 U.S.C. 1510.
Trade, (202) 325–0215, ot- archaeological material from the Bronze
The Code of Federal Regulations is sold by otrrculturalproperty@cbp.dhs.gov. For Age through the Khmer Era (16th c.
the Superintendent of Documents. operational aspects, William R. Scopa, A.D.).
Branch Chief, Partner Government On January 7, 2013, the United States
Agency Branch, Trade Policy and Department of State proposed in the
DEPARTMENT OF HOMELAND Programs, Office of Trade, (202) 863– Federal Register (78 FR 977) to extend
SECURITY 6554, William.R.Scopa@cbp.dhs.gov. the MOU between the United States and
SUPPLEMENTARY INFORMATION: Cambodia concerning the imposition of
U.S. Customs and Border Protection import restrictions on archaeological
Background material from Cambodia. On June 10,
DEPARTMENT OF THE TREASURY Pursuant to the Convention on 2013, the Assistant Secretary for
Cultural Property Implementation Act, Educational and Cultural Affairs, United
19 CFR Part 12 Public Law 97–446, 19 U.S.C. 2601 et States Department of State, made the
[CBP Dec. 18–11]
seq. (hereinafter, ‘‘the Cultural Property determination to extend the import
Implementation Act’’ or ‘‘the Act’’), restrictions for an additional five years.
RIN 1515–AE40 which implements the 1970 United On September 16, 2013, CBP published
Nations Educational, Scientific and a final rule (CBP Dec. 13–15) in the
Extension of Import Restrictions Cultural Organization (UNESCO) Federal Register (78 FR 56832), which
Imposed on Archaeological Material Convention on the Means of Prohibiting further extended the import restrictions
From Cambodia and Preventing the Illicit Import, Export for an additional five years. The import
and Transfer of Ownership of Cultural restrictions are due to expire on
AGENCY: U.S. Customs and Border Property (hereinafter, ‘‘1970 UNESCO September 19, 2018.
Protection; Department of Homeland Convention’’ or ‘‘the Convention’’ (823 Import restrictions listed at 19 CFR
Security; Department of the Treasury. U.N.T.S. 231 (1972))), the United States 12.104g(a) are effective for no more than
ACTION: Final rule. entered into a bilateral agreement, or five years beginning on the date on
Memorandum of Understanding (MOU), which the agreement enters into force
SUMMARY: This document amends the with Cambodia on September 19, 2003 with respect to the United States. This
U.S. Customs and Border Protection to impose import restrictions on certain period may be extended for additional
(CBP) regulations to reflect an extension Khmer archaeological material from the periods of not more than five years if it
of import restrictions on certain 6th century through the 16th century is determined that the factors which
archaeological material from Cambodia. A.D. On September 22, 2003, U.S. justified the initial agreement still
The restrictions, which were originally Customs and Border Protection (CBP) pertain and no cause for suspension of
imposed by CBP Dec. 03–28, and last published a final rule (CBP Dec. 03–28) the agreement exists.
extended by CBP Dec. 13–15, are due to in the Federal Register (68 FR 55000), On April 11, 2018, the Assistant
expire on September 19, 2018. The which amended § 12.104g(a) of title 19 Secretary for Educational and Cultural
Acting Under Secretary for Public of the Code of Federal Regulations (19 Affairs, United States Department of
Diplomacy and Public Affairs, United CFR 12.104g(a)) to reflect the imposition State, after consultation with and
States Department of State, has of these restrictions and included a list recommendations by the Cultural
determined that conditions continue to covering certain Khmer stone, metal and Property Advisory Committee,
warrant the imposition of import ceramic archaeological material. These determined that the cultural heritage of
restrictions. Accordingly, these import import restrictions subsumed Cambodia continues to be in jeopardy
restrictions will remain in effect for an emergency import restrictions on certain from pillage of certain archaeological
additional five years, and the CBP stone archaeological material (T.D. 99– material and that the import restrictions
regulations are being amended to reflect 88), which were published in the should be extended for an additional
this further extension through Federal Register (64 FR 67479) on five years. Diplomatic notes have been
September 19, 2023. These restrictions December 2, 1999. These restrictions exchanged reflecting the extension of
are being extended pursuant to were to be effective through September those restrictions for an additional five-
determinations of the United States 19, 2008. year period. Accordingly, CBP is
Department of State made under the On September 19, 2008, CBP amending 19 CFR 12.104g(a) to reflect
terms of the Convention on Cultural published a final rule (CBP Dec. 08–40) the extension of the import restrictions.
Property Implementation Act. CBP Dec. in the Federal Register (73 FR 54309), The amended Designated List of
amozie on DSK3GDR082PROD with RULES
08–40 contains the amended Designated which amended 19 CFR 12.104g(a) to archaeological material from Cambodia
List of archaeological material from reflect the extension of these import covered by these import restrictions is
Cambodia to which the restrictions restrictions for an additional period of set forth in CBP Dec. 08–40.
apply. five years until September 19, 2013. The Designated List and additional
DATES: Effective Date: September 19, This document also amended the information may also be found at the
2018. Designated List to include new following website address: https://
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![47284 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations
eca.state.gov/cultural-heritage-center/ Schedule of the United States (HTSUS)), This rule is not significant under
cultural-property-protection/bilateral- 1624. Executive Order (E.O.) 12866,
agreements by clicking on ‘‘Cambodia.’’ * * * * * ‘‘Regulatory Planning and Review,’’
The restrictions on the importation of Sections 12.104 through 12.104i also therefore, the requirements of E.O.
archaeological material from Cambodia issued under 19 U.S.C. 2612; 13771, ‘‘Reducing Regulation and
are to continue in effect through * * * * * Controlling Regulatory Costs’’ do not
September 19, 2023. Importation of such apply.
§ 12.104g [Amended]
material from Cambodia continues to be
■ 2. In § 12.104g(a), the table is List of Subjects in 32 CFR Part 571
restricted through that date unless the
conditions set forth in 19 U.S.C. 2606 amended in the entry for Cambodia by Recruiting and enlistment eligibility.
and 19 CFR 12.104c are met. removing the words ‘‘CBP Dec. 13–15’’
in the column headed ‘‘Decision No.’’ PART 571—[REMOVED]
Inapplicability of Notice and Delayed and adding in its place the words ‘‘CBP
Effective Date ■ Accordingly, by the authority of 5
Dec. 18–11’’.
U.S.C. 301, 32 CFR part 571 is removed.
This amendment involves a foreign Kevin K. McAleenan, Dated: September 13, 2018.
affairs function of the United States and Commissioner, U.S. Customs and Border
is, therefore, being made without notice Brenda S. Bowen,
Protection.
or public procedure under 5 U.S.C. Army Federal Register Liaison Officer.
Approved: September 13, 2018.
553(a)(1). For the same reason, a [FR Doc. 2018–20365 Filed 9–18–18; 8:45 am]
Timothy E. Skud,
delayed effective date is not required BILLING CODE 5001–03–P
under 5 U.S.C. 553(d)(3). Deputy Assistant Secretary of the Treasury.
[FR Doc. 2018–20316 Filed 9–18–18; 8:45 am]
Regulatory Flexibility Act BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND
Because no notice of proposed SECURITY
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5 DEPARTMENT OF DEFENSE Coast Guard
U.S.C. 601 et seq.) do not apply.
Department of the Army 33 CFR Part 151
Executive Orders 12866 and 13771
[Docket No. USCG–2018–0245]
CBP has determined that this 32 CFR Part 571
document is not a regulation or rule RIN 1625–AC45
[Docket No. USA–2018–HQ–0012]
subject to the provisions of Executive Ballast Water Management—Annual
RIN 0702–AA78
Order 12866 or Executive Order 13771 Reporting Requirement
because it pertains to a foreign affairs Recruiting and Enlistments
function of the United States, as AGENCY: Coast Guard, DHS.
described above, and therefore is AGENCY: Department of the Army, DoD. ACTION: Final rule.
specifically exempted by section 3(d)(2) ACTION: Final rule.
of Executive Order 12866 and section SUMMARY: The Coast Guard is
4(a) of Executive Order 13771. SUMMARY: This final rule removes the eliminating the requirement for certain
Army’s regulation governing recruiting vessels that operate on voyages
Signing Authority and enlistments. This part does not exclusively within a single Captain of
impose obligations on members of the the Port Zone to submit an Annual
This regulation is being issued in
public that are not already imposed by Ballast Water Summary Report for
accordance with 19 CFR 0.1(a)(1),
statute. The language in this part calendar year 2018. We view this
pertaining to the Secretary of the
already exists elsewhere in the Code of current reporting requirement as
Treasury’s authority (or that of his/her
Federal Regulations, and thus is unnecessary for us to analyze and
delegate) to approve regulations related
duplicative. understand ballast water management
to customs revenue functions.
DATES: This final rule is effective on practices. This final rule will reduce the
List of Subjects in 19 CFR Part 12 September 19, 2018. administrative burden on this regulated
Cultural property, Customs duties and FOR FURTHER INFORMATION CONTACT: Mr. population of U.S. non-recreational
inspection, Imports, Prohibited Alphonsa Green, (703) 695–7490. vessels equipped with ballast tanks.
merchandise. SUPPLEMENTARY INFORMATION: It has been DATES: This final rule is effective
determined that publication of this CFR October 1, 2018.
Amendment to CBP Regulations ADDRESSES: To view documents
part removal for public comment is
For the reasons set forth above, part impracticable, unnecessary, and mentioned in this preamble as being
12 of title 19 of the Code of Federal contrary to public interest since it is available in the docket, go to http://
Regulations (19 CFR part 12) is based on removing content from the www.regulations.gov, type USCG–2018–
amended as set forth below: CFR which already exists at 32 CFR part 0245 in the ‘‘SEARCH’’ box and click
66 and for which public comment was ‘‘SEARCH.’’ Click on Open Docket
PART 12—SPECIAL CLASSES OF taken. Folder on the line associated with this
MERCHANDISE Army internal guidance governing rule.
recruiting and enlistments will continue FOR FURTHER INFORMATION CONTACT: For
amozie on DSK3GDR082PROD with RULES
■ 1. The general authority citation for to be published in AR 601–210, Regular information about this document call or
part 12 and the specific authority Army and Reserve Components email Mr. John Morris, Program
citation for § 12.104g continue to read as Enlistment Program, and is available at Manager, Environmental Standards
follows: http://www.apd.army.mil/Search/ Division, Coast Guard; telephone 202–
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 ePubsSearch/ePubsSearchForm.aspx? 372–1402, email environmental_
(General Note 3(i), Harmonized Tariff x=AR. standards@uscg.mil.
VerDate Sep<11>2014 16:33 Sep 18, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1](https://thefederalregister.org/doc/83_FR_47465/page/2.svg)
Document Created: 2018-09-19 02:55:28
Document Modified: 2018-09-19 02:55:28
| 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 Date: September 19, 2018. | |
| Contact | For regulatory aspects, Lisa L. Burley, Branch Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0215, [email protected] 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 | 83 FR 47283 | |
| RIN Number | 1515-AE40 | |
| CFR Associated | Cultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise |
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