83 FR 8354 - Extension of Import Restrictions Imposed on Certain Archaeological Material From Belize
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY Federal Register Volume 83, Issue 39 (February 27, 2018)
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
Federal Register Volume 83, Issue 39 (February 27, 2018)
| Page Range | 8354-8355 | |
| FR Document | 2018-03946 |
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)] [Rules and Regulations] [Pages 8354-8355] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03946] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 18-02] RIN 1515-AE37 Extension of Import Restrictions Imposed on Certain Archaeological Material From Belize AGENCY: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological material from Belize. These restrictions, which were imposed by CBP Dec. 13-05, are due to expire on February 27, 2018, unless extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this additional extension. These restrictions are being extended pursuant to determinations of the Department of State under the terms of the Convention on Cultural Property Implementation 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. CBP Dec. 13-05 contains the Designated List of archaeological material that describes the articles to which the restrictions apply. DATES: Effective February 27, 2018. 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, lisa.burley@cbp.dhs.gov. For operational aspects, William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of Trade, (202) 863-6554, william.r.scopa@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: [[Page 8355]] Background Pursuant to the provisions of the Convention on Cultural Property Implementation Act (hereafter, the Cultural Property Implementation Act or the Act) (Pub. L. 97-446, 19 U.S.C. 2601 et seq.), 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, the Convention), in U.S. law, the United States may enter into an international agreement with another State Party to the Convention to impose import restrictions on eligible archaeological and ethnological materials under procedures and requirements prescribed by the Act. Under the Act and applicable CBP regulations (19 CFR 12.104g), the restrictions 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 (19 U.S.C. 2602(b)). This period may be extended for additional periods, not to exceed five years, if it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)). On February 27, 2013, the United States entered into a bilateral agreement with the Government of Belize concerning the imposition of import restrictions on certain categories of archaeological material originating in Belize, pursuant to the Act. (The agreement can be found online at https://eca.state.gov/files/bureau/bzmou2013.pdf.) On March 5, 2013, CBP published CBP Dec. 13-05 in the Federal Register (78 FR 14183), which amended 19 CFR 12.104g(a) to reflect the imposition of restrictions on this material and included a list designating the types of archaeological material covered by the restrictions. These restrictions were to be effective through February 27, 2018. On January 12, 2018, after reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Acting Assistant Secretary for Educational and Cultural Affairs, Department of State, concluding that the cultural heritage of Belize continues to be in jeopardy from pillage of certain archaeological material, made the necessary statutory determinations, and decided to extend the agreement with Belize for an additional five-year period to February 27, 2023. Diplomatic notes have been exchanged that reflect the extension of the agreement. Accordingly, CBP is amending 19 CFR 12.104g(a) in order to reflect the extension of the import restrictions pursuant to the agreement. The Designated List of Archaeological Material originating in Belize covered by these import restrictions is set forth in CBP Dec. 13-05, which can be found online at: https://eca.state.gov/files/bureau/bz2013dlfrn.pdf. The restrictions on the importation of this archaeological material originating in Belize 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 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 Because this rule involves a foreign affairs function of the United States, it is not subject to either Executive Order 12866 or Executive Order 13771. 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, the table in paragraph (a) is amended in the entry for Belize by adding the words ``extended by ``CBP Dec. 18-02'' after the words ``CBP Dec. 13-05'' in the column headed ``Decision No.''. Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection. Approved: February 21, 2018. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2018-03946 Filed 2-26-18; 8:45 am] BILLING CODE 9111-14-P
![8354 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations
secondary evaluation of asset liquidity so please explain why those costs or DEPARTMENT OF HOMELAND
in the context of the 15% illiquid benefits are relevant and provide SECURITY
investment limit, the costs associated quantitative estimates where possible.
with building such interim systems by U.S. Customs and Border Protection
• Are there other reasonable
the compliance date in the Adopting
alternatives to the interim final rule’s
Release. Delaying all of the DEPARTMENT OF THE TREASURY
delayed compliance date that we should
classification-related elements would
have also delayed any benefits consider? 19 CFR Part 12
associated with the 15% illiquid IV. Paperwork Reduction Act Analysis
investment limit, such as the increased [CBP Dec. 18–02]
likelihood that a fund’s portfolio is not We do not believe that the revision of
overly concentrated in illiquid the compliance date for Part D of Form RIN 1515–AE37
investments and the decreased N–LIQUID, amendments to Form N–
likelihood that a fund’s portfolio PORT, and certain provisions of rule Extension of Import Restrictions
remains overly concentrated in illiquid 22e–4 make any substantive Imposed on Certain Archaeological
investments for an extended period of modifications to any existing collection Material From Belize
time as result of the requirements that of information requirements or impose
funds report violations of their 15% AGENCY: U.S. Customs and Border
any new substantive recordkeeping or Protection, Department of Homeland
illiquid investment limit to their boards information collection requirements
and the Commission on Form N– Security; Department of the Treasury.
within the meaning of the Paperwork
LIQUID. ACTION: Final rule.
Reduction Act of 1995 (‘‘PRA’’).96
Finally, the Commission could have
chosen not to delay the compliance date We believe that the current burden SUMMARY: This final rule amends U.S.
for the HLIM requirement, and instead and cost estimates for the existing Customs and Border Protection (CBP)
provided guidance as to how funds collection of information requirements regulations to reflect the extension of
could comply with that requirement remain appropriate.97 We are only import restrictions on certain
during the period that portfolio delaying certain burdens for six months. archaeological material from Belize.
classification requirements are Thus, we believe that there are no new These restrictions, which were imposed
extended. Maintaining the original substantive burdens imposed on the by CBP Dec. 13–05, are due to expire on
compliance date for the HLIM overall population of respondents and February 27, 2018, unless extended. The
requirement also would have Acting Assistant Secretary for
the current overall burden estimates for
maintained any benefits associated with Educational and Cultural Affairs, United
the relevant forms are not affected.98
the HLIM during the compliance date States Department of State (Department
Accordingly, we are not revising any
extension period such as the increased of State), has determined that conditions
burden and cost estimates in connection continue to warrant the imposition of
likelihood that funds would be able to with the revision of the compliance
effectively meet redemption obligations. import restrictions. Accordingly, the
date. We request comment on whether restrictions will remain in effect for an
However, as discussed previously, not
our belief is correct. additional five years, and the CBP
delaying the HLIM requirement may
have caused funds that opted to delay By the Commission. regulations are being amended to
the implementation of a portfolio Dated: February 22, 2018. indicate this additional extension.
classification system to incur costs in Brent J. Fields,
These restrictions are being extended
developing any interim systems pursuant to determinations of the
Secretary. Department of State under the terms of
required to comply with the HLIM
[FR Doc. 2018–03917 Filed 2–26–18; 8:45 am] the Convention on Cultural Property
requirement absent a portfolio
classification system, or redo certain BILLING CODE 8011–01–P Implementation Act, which implements
elements of their systems when they the 1970 United Nations Educational,
implement full portfolio classification. Scientific and Cultural Organization
Because HLIM is a new requirement for (UNESCO) Convention on the Means of
which there has been no previous Prohibiting and Preventing the Illicit
Commission guidance and the Import, Export and Transfer of
establishment of an HLIM may depend Ownership of Cultural Property. CBP
more heavily on a full portfolio Dec. 13–05 contains the Designated List
classification system, implementing of archaeological material that describes
interim systems to comply with HLIM the articles to which the restrictions
could be more costly to funds than apply.
implementing interim systems to DATES: Effective February 27, 2018.
comply with the 15% illiquid
FOR FURTHER INFORMATION CONTACT: For
investment limit.
96 44 U.S.C. 3501 et seq. legal aspects, Lisa L. Burley, Chief,
E. Request for Comment 97 The titles for the existing collections of Cargo Security, Carriers and Restricted
We are requesting comment on our information are: ‘‘Rule 22e–4 (17 CFR 270.22e–4) Merchandise Branch, Regulations and
analysis of the potential economic under the Investment Company Act of 1940’’ (OMB Rulings, Office of Trade, (202) 325–
Control No. 3235–0737); ‘‘Rule 30b1–10 (17 CFR 0215, lisa.burley@cbp.dhs.gov. For
daltland on DSKBBV9HB2PROD with RULES
effects of the interim final rule delaying
270.30b1–10) under the Investment Company Act of operational aspects, William R. Scopa,
the compliance date for those elements 1940, ‘Current report for open-end management
of the Liquidity Rule Requirements Branch Chief, Partner Government
investment companies’ and Form N–LIQUID,
associated with the classification Agency Branch, Trade Policy and
‘Current report, open-end investment company.’ ’’
requirement: (OMB Control No. 3235–0754); ‘‘Rule 30b1–9 and Programs, Office of Trade, (202) 863–
• Are there any other costs or benefits Form N–PORT’’ (OMB Control No. 3235–0730). 6554, william.r.scopa@cbp.dhs.gov.
we should consider in our analysis? If 98 See section III above. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations 8355
Background Accordingly, CBP is amending 19 CFR Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
12.104g(a) in order to reflect the (General Note 3(i), Harmonized Tariff
Pursuant to the provisions of the Schedule of the United States (HTSUS)),
Convention on Cultural Property extension of the import restrictions
pursuant to the agreement. 1624;
Implementation Act (hereafter, the
The Designated List of Archaeological * * * * *
Cultural Property Implementation Act
or the Act) (Pub. L. 97–446, 19 U.S.C. Material originating in Belize covered Sections 12.104 through 12.104i also issued
2601 et seq.), which implements the by these import restrictions is set forth under 19 U.S.C. 2612;
1970 United Nations Educational, in CBP Dec. 13–05, which can be found * * * * *
Scientific and Cultural Organization online at: https://eca.state.gov/files/
bureau/bz2013dlfrn.pdf. § 12.104g [Amended]
(UNESCO) Convention on the Means of
Prohibiting and Preventing the Illicit The restrictions on the importation of ■ 2. In § 12.104g, the table in paragraph
Import, Export and Transfer of this archaeological material originating (a) is amended in the entry for Belize by
Ownership of Cultural Property in Belize are to continue in effect for an adding the words ‘‘extended by ‘‘CBP
(hereinafter, the Convention), in U.S. additional five years. Importation of Dec. 18–02’’ after the words ‘‘CBP Dec.
law, the United States may enter into an such material continues to be restricted 13–05’’ in the column headed ‘‘Decision
international agreement with another unless the conditions set forth in 19 No.’’.
State Party to the Convention to impose U.S.C. 2606 and 19 CFR 12.104c are
met. Kevin K. McAleenan,
import restrictions on eligible
Acting Commissioner, U.S. Customs and
archaeological and ethnological Inapplicability of Notice and Delayed Border Protection.
materials under procedures and Effective Date Approved: February 21, 2018.
requirements prescribed by the Act.
This amendment involves a foreign Timothy E. Skud,
Under the Act and applicable CBP
regulations (19 CFR 12.104g), the affairs function of the United States and Deputy Assistant Secretary of the Treasury.
restrictions are effective for no more is, therefore, being made without notice [FR Doc. 2018–03946 Filed 2–26–18; 8:45 am]
than five years beginning on the date on or public procedure (5 U.S.C. 553(a)(1)). BILLING CODE 9111–14–P
which the agreement enters into force In addition, CBP has determined that
with respect to the United States (19 such notice or public procedure would
U.S.C. 2602(b)). This period may be be impracticable and contrary to the DEPARTMENT OF HEALTH AND
extended for additional periods, not to public interest because the action being HUMAN SERVICES
exceed five years, if it is determined that taken is essential to avoid interruption
the factors justifying the initial of the application of the existing import Food and Drug Administration
agreement still pertain and no cause for restrictions (5 U.S.C. 553(b)(B)). For the
suspension of the agreement exists (19 same reason, a delayed effective date is 21 CFR Part 864
U.S.C. 2602(e); 19 CFR 12.104g(a)). not required under 5 U.S.C 553(d)(3).
[Docket No. FDA 2018–N–0339]
On February 27, 2013, the United Regulatory Flexibility Act
States entered into a bilateral agreement Medical Devices; Hematology and
with the Government of Belize Because no notice of proposed Pathology Devices; Classification of
concerning the imposition of import rulemaking is required, the provisions Lynch Syndrome Test Systems
restrictions on certain categories of of the Regulatory Flexibility Act (5
archaeological material originating in U.S.C. 601 et seq.) do not apply. AGENCY: Food and Drug Administration,
Belize, pursuant to the Act. (The HHS.
Executive Orders 12866 and 13771
agreement can be found online at ACTION: Final order.
https://eca.state.gov/files/bureau/ Because this rule involves a foreign
bzmou2013.pdf.) On March 5, 2013, affairs function of the United States, it SUMMARY: The Food and Drug
CBP published CBP Dec. 13–05 in the is not subject to either Executive Order Administration (FDA or we) is
Federal Register (78 FR 14183), which 12866 or Executive Order 13771. classifying Lynch syndrome test systems
amended 19 CFR 12.104g(a) to reflect into class II (special controls). The
Signing Authority
the imposition of restrictions on this special controls that apply to the device
This regulation is being issued in type are identified in this order and will
material and included a list designating
accordance with 19 CFR 0.1(a)(1). be part of the codified language for the
the types of archaeological material
covered by the restrictions. These List of Subjects in 19 CFR Part 12 Lynch syndrome test systems’
restrictions were to be effective through classification. We are taking this action
Cultural property, Customs duties and because we have determined that
February 27, 2018. inspection, Imports, Prohibited
On January 12, 2018, after reviewing classifying the device into class II
merchandise. (special controls) will provide a
the findings and recommendations of
the Cultural Property Advisory Amendment to CBP Regulations reasonable assurance of safety and
Committee, the Acting Assistant effectiveness of the device. We believe
For the reasons set forth above, part this action will also enhance patients’
Secretary for Educational and Cultural 12 of Title 19 of the Code of Federal
Affairs, Department of State, concluding access to beneficial innovative devices,
Regulations (19 CFR part 12), is in part by reducing regulatory burdens.
that the cultural heritage of Belize amended as set forth below.
continues to be in jeopardy from pillage DATES: This order is effective February
of certain archaeological material, made 27, 2018. The classification was
daltland on DSKBBV9HB2PROD with RULES
PART 12—SPECIAL CLASSES OF
the necessary statutory determinations, MERCHANDISE applicable on October 27, 2017.
and decided to extend the agreement FOR FURTHER INFORMATION CONTACT:
with Belize for an additional five-year ■ 1. The general authority citation for Scott McFarland, Center for Devices and
period to February 27, 2023. Diplomatic part 12 and the specific authority Radiological Health, Food and Drug
notes have been exchanged that reflect citation for § 12.104g continue to read as Administration, 10903 New Hampshire
the extension of the agreement. follows: Ave., Bldg. 66, Rm. 4676, Silver Spring,
VerDate Sep<11>2014 18:04 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1](https://thefederalregister.org/doc/83_FR_8393/page/2.svg)
Document Created: 2018-02-27 01:14:34
Document Modified: 2018-02-27 01:14:34
| 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 February 27, 2018. | |
| Contact | For legal aspects, Lisa L. Burley, 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 8354 | |
| RIN Number | 1515-AE37 | |
| CFR Associated | Cultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise |
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