Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Material of Bolivia

CourtU.s. Customs And Border Protection
Citation86 FR 68544
Publication Date03 December 2021
Record Number2021-26340
68544
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
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.’’
AIRAC date State City Airport FDC No. FDC date Subject
30–Dec–21 ........ KS Wichita ................. Colonel James Jabara ............. 1/8668 8/16/21 ILS OR LOC RWY 18. Orig-B.
30–Dec–21 ........ KS Wichita ................. Colonel James Jabara ............. 1/8669 8/16/21 RNAV (GPS) RWY 18, Orig-C.
30–Dec–21 ........ KS Wichita ................. Colonel James Jabara ............. 1/8670 8/16/21 RNAV (GPS) RWY 36, Orig-B.
30–Dec–21 ........ KS Wichita ................. Colonel James Jabara ............. 1/8671 8/16/21 RNAV (GPS)-E, Orig-A.
30–Dec–21 ........ NY Montgomery ......... Orange County ........................ 1/8691 9/3/21 ILS OR LOC RWY 4, Orig.
30–Dec–21 ........ NC Louisburg ............. Triangle North Exec ................. 1/8907 10/29/21 VOR–A, Amdt 2D.
30–Dec–21 ........ NC Louisburg ............. Triangle North Exec ................. 1/8908 10/29/21 RNAV (GPS) RWY 23, Amdt 1A.
30–Dec–21 ........ NC Louisburg ............. Triangle North Exec ................. 1/8909 10/29/21 RNAV (GPS) RWY 5, Amdt 1A.
30–Dec–21 ........ NC Louisburg ............. Triangle North Exec ................. 1/8910 10/29/21 ILS OR LOC RWY 5, Amdt 4B.
30–Dec–21 ........ FL Vero Beach .......... Vero Beach Rgnl ..................... 1/8935 11/4/21 RNAV (GPS) RWY 4, Amdt 1C.
30–Dec–21 ........ FL Vero Beach .......... Vero Beach Rgnl ..................... 1/8936 11/4/21 RNAV (GPS) RWY 12R, Amdt
2C.
30–Dec–21 ........ FL Vero Beach .......... Vero Beach Rgnl ..................... 1/8937 11/4/21 RNAV (GPS) RWY 22, Amdt 1C.
30–Dec–21 ........ FL Vero Beach .......... Vero Beach Rgnl ..................... 1/8938 11/4/21 RNAV (GPS) RWY 30L, Amdt
2C.
30–Dec–21 ........ FL Vero Beach .......... Vero Beach Rgnl ..................... 1/8939 11/4/21 VOR RWY 12R, Amdt 14D.
30–Dec–21 ........ FL Vero Beach .......... Vero Beach Rgnl ..................... 1/8940 11/4/21 VOR RWY 30L, Amdt 4C.
30–Dec–21 ........ OK Tahlequah ............ Tahlequah Muni ....................... 1/9347 11/3/21 RNAV (GPS) RWY 17, Amdt 1.
30–Dec–21 ........ OK Tahlequah ............ Tahlequah Muni ....................... 1/9349 11/3/21 RNAV (GPS) RWY 35, Amdt 1A.
30–Dec–21 ........ IN Shelbyville ............ Shelbyville Muni ....................... 1/9553 7/30/21 RNAV (GPS) RWY 19, Amdt 1C.
30–Dec–21 ........ IN Shelbyville ............ Shelbyville Muni ....................... 1/9554 7/30/21 RNAV (GPS) RWY 1, Amdt 1B.
30–Dec–21 ........ IN Shelbyville ............ Shelbyville Muni ....................... 1/9555 7/30/21 VOR RWY 19, Amdt 1B.
30–Dec–21 ........ NE Hastings ............... Hastings Muni .......................... 1/9563 11/4/21 VOR RWY 32, Amdt 14A.
[FR Doc. 2021–26283 Filed 12–2–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 21–18]
RIN 1515–AE69
Extension of Import Restrictions
Imposed on Certain Archaeological
and Ethnological Material of Bolivia
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 and ethnological material
of the Plurinational State of Bolivia
(Bolivia). The restrictions, which were
originally imposed by Treasury Decision
(T.D.) 01–86 and last extended by CBP
Decision (CBP Dec.) 16–24, are due to
expire on December 4, 2021. The Acting
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. Pursuant to
the exchange of diplomatic notes to
extend the agreement, the import
restrictions will remain in effect for an
additional five years, and the CBP
regulations are being amended to reflect
this further extension until December 4,
2026. T.D. 01–86 contains the
Designated List of archaeological and
ethnological material from Bolivia to
which the restrictions apply.
DATES
: Effective December 4, 2021.
FOR FURTHER INFORMATION CONTACT
: For
legal aspects, W. Richmond Beevers,
Branch Chief, Cargo Security, Carriers
and Restricted Merchandise Branch,
Regulations and Rulings, Office of
Trade, (202) 325–0084, ot-
otrrculturalproperty@cbp.dhs.gov. For
operational aspects, Julie L. Stoeber,
Chief, 1USG Branch, Trade Policy and
Programs, Office of Trade, (202) 945–
7064, 1USGBranch@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION
:
Background
Pursuant to the Convention on
Cultural Property Implementation Act,
Public Law 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 (823 U.N.T.S. 231 (1972)), the
United States entered into a bilateral
agreement with the Plurinational State
of Bolivia (Bolivia)
1
on December 4,
2001, concerning the imposition of
import restrictions on certain
archaeological and ethnological material
of 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 section
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
designating the types of articles covered
by the restrictions.
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.
Since the initial final rule was
published on December 7, 2001, the
import restrictions were subsequently
extended three (3) times. First, on
December 1, 2006, following the
exchange of diplomatic notes, U.S.
Customs and Border Protection (CBP)
published a final rule (CBP Dec. 06–26)
in the Federal Register (71 FR 69477) to
extend the import restrictions for a
period of five years to December 4,
2011. Second, on December 1, 2011,
following the exchange of diplomatic
notes, CBP published a final rule (CBP
Dec. 11–24) in the Federal Register (76
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68545
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
FR 74690) to extend the import
restrictions for an additional five-year
period to December 4, 2016. Third, on
December 6, 2016, following the
exchange of diplomatic notes, CBP
published a final rule (CBP Dec. 16–24)
in the Federal Register (81 FR 87804) to
extend the import restrictions for an
additional five-year period to December
4, 2021.
On September 14, 2020, the United
States Department of State proposed in
the Federal Register (85 FR 56681) to
extend the Memorandum of
Understanding (MOU) between the
United States and Bolivia concerning
the imposition of import restrictions on
certain categories of archaeological and
ethnological material from Bolivia. On
April 20, 2021, the Acting 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
Bolivia continues to be in jeopardy from
pillage of certain archaeological and
ethnological material, and that the
import restrictions should be extended
for an additional five years. Pursuant to
the exchange of diplomatic notes to
extend the agreement, the import
restrictions will remain in effect for an
additional five years, and the CBP
regulations are being amended to reflect
this further extension until December 4,
2026.
Accordingly, CBP is amending 19 CFR
12.104g(a) to reflect the extension of the
import restrictions. The restrictions on
the importation of archaeological and
ethnological material are to continue in
effect until December 4, 2026.
Importation of such material from
Bolivia 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.
The Designated List and additional
information may also be found at the
following website address: https://
eca.state.gov/cultural-heritage-center/
cultural-property-advisory-committee/
current-import-restrictions by selecting
the material for ‘‘Bolivia.’’
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 Order 12866
CBP has determined that this
document is not a regulation or rule
subject to the provisions of Executive
Order 12866 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.
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.
Troy A. Miller, the Acting
Commissioner, having reviewed and
approved this document, is delegating
the authority to electronically sign this
document to Robert F. Altneu, who is
the Director of the Regulations and
Disclosure Law Division for CBP, for
purposes of publication in the Federal
Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and
inspection, Imports, Prohibited
merchandise, Reporting and
recordkeeping requirements.
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
1. The general authority citation for
part 12 and the specific authority
citation for § 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;
* * * * *
2. In § 12.104g, amend the table in
paragraph (a) by revising the entry for
Bolivia to read as follows:
§ 12.104g Specific items or categories
designated by agreements or emergency
actions.
(a) * * *
State party Cultural property Decision No.
*******
Bolivia .................... Archaeological and Ethnological Material from Bolivia .......... T.D. 01–86 extended by CBP Dec. 21–18.
*******
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68546
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law
Division, Regulations & Rulings, Office of
Trade U.S. Customs and Border Protection.
Approved: November 30, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021–26340 Filed 12–1–21; 4:15 pm]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 21–17]
RIN 1515–AE70
Extension and Amendment of Import
Restrictions on Archaeological
Material and Imposition of Import
Restrictions on Ethnological Material
of Egypt
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
and amendment of import restrictions
on certain archaeological material and
the imposition of import restrictions on
ethnological material of the Arab
Republic of Egypt (Egypt). The
restrictions on archaeological material,
which were originally imposed by CBP
Dec. 16–23, were extended and
amended on November 30, 2021. The
Acting Assistant Secretary for
Educational and Cultural Affairs, United
States Department of State, has made
the requisite determinations for
extending and updating the import
restrictions that previously existed, and
the Governments of the United States
and Egypt entered into a new agreement
to reflect the extension of these import
restrictions. Additionally, the Acting
Assistant Secretary for Educational and
Cultural Affairs, United States
Department of State, has made the
requisite determinations for adding
import restrictions on certain categories
of ethnological material. The new
agreement, which entered into force on
November 30, 2021, supersedes the
existing Memorandum of Understanding
(MOU) that became effective on
November 30, 2016, and enabled the
promulgation of the existing import
restrictions. Accordingly, the current
import restrictions and new import
restrictions will be effective until
November 30, 2026, and the CBP
regulations are being amended to reflect
this extension and imposition. To fulfill
the terms of the new MOU, the
Designated List of cultural property,
which was described in CBP Dec. 16–
23, is amended in this document to
reflect the addition and revision of
categories of archaeological material of
Egypt ranging in date from
approximately 300,000 B.C. to A.D.
1750, and to include certain
ethnological material ranging from A.D.
1517 to 1914.
DATES
: Effective on December 1, 2021.
FOR FURTHER INFORMATION CONTACT
: For
legal aspects, W. Richmond Beevers,
Chief, Cargo Security, Carriers and
Restricted Merchandise Branch,
Regulations and Rulings, Office of
Trade, (202) 325–0084, ot-
otrrculturalproperty@cbp.dhs.gov. For
operational aspects, Julie L. Stoeber,
Chief, 1USG Branch, Trade Policy and
Programs, Office of Trade, (202) 945–
7064, 1USGBranch@cbp.dhs.gov.
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’’), 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’’ (823
U.N.T.S. 231 (1972)), the United States
entered into a bilateral agreement with
the Arab Republic of Egypt (Egypt) on
November 30, 2016. The Memorandum
of Understanding (MOU) enabled the
promulgation of import restrictions on
certain archaeological material
representing Egypt’s cultural heritage
ranging from approximately 300,000
B.C. to A.D. 1750.
On December 6, 2016, U.S. Customs
and Border Protection (CBP) published
CBP Dec. 16–23 in the Federal Register
(81 FR 87805), which amended
§ 12.104g(a) of title 19 of the Code of
Federal Regulations (19 CFR 12.104g(a))
to reflect the imposition of import
restrictions and included a list
designating the types of archaeological
material covered by the restrictions.
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. See 19 CFR
12.104g(a).
On February 5, 2021, the United
States Department of State proposed in
the Federal Register (86 FR 8476), to
extend and amend the MOU between
the United States and Egypt concerning
the import restrictions on certain
categories of archeological material of
Egypt. On August 15, 2021, after
consultation with and recommendations
by the Cultural Property Advisory
Committee, the Acting Assistant
Secretary for Educational and Cultural
Affairs, United States Department of
State, determined that: (1) Egypt’s
cultural heritage continues to be in
jeopardy from pillage of archeological
resources and that the import
restrictions should be updated and
extended for an additional five years;
and (2) Egypt’s cultural heritage is in
jeopardy from pillage of certain types of
ethnological material, from Egypt,
ranging in date from A.D. 1517 to A.D.
1914, and import restrictions on such
types of ethnological material should be
imposed.
Subsequently, on November 30, 2021,
the Governments of the United States
and Egypt entered into a new
agreement, titled ‘‘Memorandum of
Understanding Between the
Government of the United States of
America and the Government of the
Arab Republic of Egypt Concerning the
Imposition of Import Restrictions on
Categories of Cultural Property of
Egypt.’’ The new MOU supersedes the
existing agreement that first entered into
force on November 30, 2016. Pursuant
to the new MOU, the import restrictions
for archaeological material are updated
and will be effective until November 30,
2026, along with the imposition of
additional import restrictions on certain
categories of ethnological material,
which will also be effective until
November 30, 2026.
Accordingly, CBP is amending 19 CFR
12.104g(a) to reflect the extension of the
import restrictions and amending the
Designated List of cultural property
described in CBP Dec. 16–23 with the
addition and revision of categories of
archaeological material of Egypt ranging
in date from approximately 300,000 B.C.
to A.D. 1750, as set forth below. The
Designated List of cultural property
described in CBP Dec. 16–23 is also
amended by adding certain categories of
ethnological material of Egypt ranging
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