Federal Register/Vol. 76, No. 231/Thursday, December 1, 2011

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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74691

Background forth in 19 U.S.C. 2606 and 19 CFR DEPARTMENT OF HOMELAND 12.104c are met. SECURITY Pursuant to the provisions of the 1970 United Nations Educational, Scientific Inapplicability of Notice and Delayed U.S. Customs and Border Protection and Cultural Organization (UNESCO) Effective Date Convention, codified into U.S. law as This amendment involves a foreign DEPARTMENT OF THE TREASURY the Convention on Cultural Property affairs function of the United States and Implementation Act (Pub. L. 97–446, 19 is, therefore, being made without notice 19 CFR Part 12 U.S.C. 2601 et seq.), the United States or public procedure under 5 U.S.C. entered into a bilateral agreement with 553(a)(1). For the same reason, a [CBP Dec. 11–25] Bolivia on December 4, 2001, delayed effective date is not required RIN 1515–AD84 concerning the imposition of import under 5 U.S.C. 553(d)(3). restrictions on certain archaeological Import Restrictions Imposed on and ethnological material from Bolivia. Regulatory Flexibility Act Certain Archaeological and On December 7, 2001, the United States Because no notice of proposed Ethnological Material From Greece Customs Service published Treasury rulemaking is required, the provisions AGENCIES: Decision (T.D.) 01–86 in the Federal of the Regulatory Flexibility Act (5 U.S. Customs and Border Register (66 FR 63490), which amended U.S.C. 601 et seq.) do not apply. Protection, Department of Homeland Security; Department of the Treasury. 19 CFR 12.104g(a) to reflect the Executive Order 12866 imposition of these restrictions and ACTION: Final rule. Because this rule involves a foreign included a list designating the types of SUMMARY: This final rule amends the articles covered by the restrictions. affairs function of the United States, it is not subject to Executive Order 12866. U.S. Customs and Border Protection Import restrictions listed in 19 CFR (CBP) regulations to reflect the 12.104g(a) are effective for no more than Signing Authority imposition of import restrictions on five years beginning on the date on This regulation is being issued in certain archaeological and ethnological which the agreement enters into force accordance with 19 CFR 0.1(a)(1). material from the Hellenic Republic with respect to the United States. This (Greece). These restrictions are being period can be extended for additional List of Subjects in 19 CFR Part 12 imposed pursuant to an agreement periods not to exceed five years if it is Cultural property, Customs duties and between the United States and Greece determined that the factors which inspection, Imports, Prohibited that has been entered into under the justified the initial agreement still merchandise. authority of the Convention on Cultural pertain and no cause for suspension of Amendment to the CBP Regulations Property Implementation Act in the agreement exists (19 CFR accordance with the United Nations 12.104g(a)). For the reasons set forth above, part Educational, Scientific and Cultural On August 26, 2011, after reviewing 12 of Title 19 of the Code of Federal Organization (UNESCO) Convention on the findings and recommendations of Regulations (19 CFR part 12), is the Means of Prohibiting and Preventing the Cultural Property Advisory amended as set forth below: the Illicit Import, Export and Transfer of Committee, the Acting Assistant Ownership of Cultural Property. The PART 12—SPECIAL CLASSES OF Secretary for Educational and Cultural final rule amends CBP regulations by MERCHANDISE Affairs, United States Department of adding Greece to the list of countries for State, concluding that the cultural ■ 1. The general authority citation for which a bilateral agreement has been heritage of Bolivia continues to be in part 12 and the specific authority entered into for imposing cultural jeopardy from pillage of certain citation for § 12.104g continue to read as property import restrictions. The final archaeological and ethnological follows: rule also contains the designated list materials, made the necessary that describes the types of determination to extend the import Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff archaeological and ethnological articles restrictions for an additional five years. Schedule of the United States (HTSUS)), to which the restrictions apply. On November 10, 2011, diplomatic 1624; DATES: Effective Date: December 1, 2011. notes were exchanged reflecting the * * * * * FOR FURTHER INFORMATION CONTACT: For extension of those restrictions for an Sections 12.104 through 12.104i also legal aspects, George Frederick McCray, additional five-year period. issued under 19 U.S.C. 2612; Esq., Chief, Cargo Security, Carriers & Accordingly, CBP is amending 19 CFR * * * * * Immigration Branch, Regulations and 12.104g(a) to reflect the extension of the ■ 2. In § 12.104g, paragraph (a), the table Rulings, Office of International Trade, import restrictions. The Designated List is amended in the entry for Bolivia by (202) 325–0082. For operational aspects: of Archaeological and Ethnological removing the words ‘‘extended by CBP Michael Craig, Chief, Interagency Material from Bolivia covered by these Dec. 06–26’’ in the column headed Requirements Branch, Trade Policy and import restrictions is set forth in T.D. ‘‘Decision No.’’ and adding in their Programs, Office of International Trade, 01–86. The Designated List and place the words ‘‘extended by CBP Dec. (202) 863–6558. accompanying image database may also 11–24 ’’. SUPPLEMENTARY INFORMATION: be found at the following Internet Web site address: http://exchanges.state.gov/ Alan D. Bersin, Background heritage/culprop/blfact.html. Commissioner, U.S. Customs and Border The value of cultural property, The restrictions on the importation of Protection. whether archaeological or ethnological these archaeological and ethnological Approved: November 28, 2011. in nature, is immeasurable. Such items materials from Bolivia are to continue in Timothy E. Skud, often constitute the very essence of a effect through December 4, 2016. Deputy Assistant Secretary of the Treasury. society and convey important Importation of such material continues [FR Doc. 2011–30897 Filed 11–30–11; 8:45 am] information concerning a people’s to be restricted unless the conditions set BILLING CODE 9111–14–P origin, history, and traditional setting.

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The importance and popularity of such determinations required under the and Greece entered into force. items regrettably makes them targets of statute with respect to certain Accordingly, CBP is amending 19 CFR theft, encourages clandestine looting of archaeological materials originating in 12.104g(a) to reflect this imposition of archaeological sites, and results in their Greece that are described in the import restrictions. illegal export and import. designated list set forth below in this A list of the categories of The United States shares in the document. These determinations archaeological and ethnological international concern for the need to include the following: (1) That the materials subject to the import protect endangered cultural property. cultural patrimony of Greece is in restrictions (the Designated List) is set The appearance in the United States of jeopardy from the pillage of forth later in this document. stolen or illegally exported artifacts archaeological materials representing Restrictions and Amendment to the from other countries where there has Greece’s cultural heritage from the Regulations been pillage has, on occasion, strained Upper Paleolithic (beginning our foreign and cultural relations. This approximately 20,000 B.C.) through the In accordance with the Agreement, situation, combined with the concerns 15th century A.D. and ecclesiastical importation of materials designated of museum, archaeological, and ethnological material representing below are subject to the restrictions of scholarly communities, was recognized Greece’s Byzantine culture 19 U.S.C. 2606 and § 12.104g(a) of the by the President and Congress. It (approximately the 4th century through Customs and Border Protection (CBP) became apparent that it was in the the 15th century A.D.) (19 U.S.C. regulations (19 CFR 12.104g(a)) and will national interest for the United States to 2602(a)(1)(A)); (2) that the Greek be restricted from entry into the United join with other countries to control government has taken measures States unless the conditions set forth in illegal trafficking of such articles in consistent with the Convention to 19 U.S.C. 2606 and § 12.104c of the international commerce. protect its cultural patrimony (19 U.S.C. regulations (19 CFR 12.104c) are met. The United States joined international 2602(a)(1)(B)); (3) that import CBP is amending § 12.104g(a) of the CBP efforts and actively participated in restrictions imposed by the United regulations (19 CFR 12.104g(a)) to deliberations resulting in the 1970 States would be of substantial benefit in indicate that these import restrictions United Nations Educational, Scientific deterring a serious situation of pillage have been imposed. and Cultural Organization (UNESCO) and remedies less drastic are not Designated List of Material Convention on the Means of Prohibiting available (19 U.S.C. 2602(a)(1)(C)); and Encompassed in Import Restrictions and Preventing the Illicit Import, Export (4) that the application of import and Transfer of Ownership of Cultural restrictions as set forth in this final rule The bilateral agreement between the Property (823 U.N.T.S. 231 (1972)). U.S. is consistent with the general interests United States and Greece includes, but acceptance of the 1970 UNESCO of the international community in the is not limited to, the categories of Convention was codified into U.S. law interchange of cultural property among objects described in the designated list as the ‘‘Convention on Cultural Property nations for scientific, cultural, and set forth below. These categories of Implementation Act’’ (Pub. L. 97–446, educational purposes (19 U.S.C. objects are subject to the import 19 U.S.C. 2601 et seq.) (the Act). This 2602(a)(1)(D)). The Assistant Secretary restrictions set forth above, in was done to promote U.S. leadership in also found that the materials described accordance with the above explained achieving greater international in the determinations meet the statutory applicable law and the regulation cooperation towards preserving cultural definition of ‘‘archaeological or amended in this document (19 CFR treasures that are of importance to the ethnological material of the state party’’ 12.104(g)(a)). The import restrictions nations from where they originate and (19 U.S.C. 2601(2)). cover complete objects and fragments contribute to greater international thereof. The Agreement understanding of our common heritage. I. Archaeological Material Since the Act entered into force, On July 17, 2011, the United States The archaeological materials import restrictions have been imposed and Greece entered into a bilateral represent the following periods, styles, on the archaeological and ethnological agreement pursuant to the provisions of and cultures: Upper Paleolithic, materials of a number of signatory 19 U.S.C. 2602(a)(2). Following Neolithic, Minoan, Cycladic, Helladic, nations. These restrictions have been completion of all internal legal Mycenaean, Submycenaean, Geometric, imposed as a result of requests for requirements by the governments of Orientalizing, Archaic, Classical, protection received from those nations. Greece and the United States, the Hellenistic, Roman, and Byzantine. More information on import restrictions agreement entered into force on can be found on the International November 21, 2011, with the exchange A. Stone Cultural Property Protection Web site of diplomatic notes. The agreement 1. Sculpture (http://exchanges.state.gov/heritage/ enables the promulgation of import culprop.html). restrictions on certain archaeological a. Architectural Elements—In marble, This document announces that import materials representing Greece’s cultural limestone, gypsum, and other kinds of restrictions are now being imposed on heritage from the Upper Paleolithic stone. Types include acroterion, antefix, certain archaeological and ethnological (beginning approximately 20,000 B.C.) architrave, base, capital, caryatid, coffer, materials from Greece. through the 15th century A.D. and column, crowning, fountain, frieze, ecclesiastical ethnological material pediment, pilaster, mask, metope, Determinations representing Greece’s Byzantine culture mosaic and inlay, jamb, tile, triglyph, Under 19 U.S.C. 2602(a)(1), the (approximately the 4th century through tympanum, basin, wellhead. United States must make certain the 15th century A.D.) In this document, Approximate date: 3rd millennium B.C. determinations before entering into an CBP announces that import restrictions to 15th century A.D. agreement to impose import restrictions are now being imposed on certain b. Monuments—In marble, limestone, under 19 U.S.C. 2602(a)(2). On July 12, archaeological and ethnological and other kinds of stone. Types include 2011, the Assistant Secretary for materials from Greece for a period of 5 menhir, ‘‘horns of consecration,’’ votive Educational and Cultural Affairs, years from the date the bilateral statues, funerary and votive stelae, and Department of State, made the agreement between the United States bases and base revetments. These may

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be painted, carved with relief sculpture, stones including rock crystal, amethyst, Approximate date: Approximate date: and/or carry dedicatory or funerary jasper, agate, steatite, and carnelian. 4th millennium B.C. to 15th century inscriptions. Approximate date: 3rd Approximate date: 6th millennium B.C. A.D. millennium B.C. to 15th century A.D. to 12th century B.C. 7. Coins—Many of the mints of the c. Sarcophagi—In marble, limestone, listed coins can be found in B.V. Head, B. Metal and other kinds of stone. Some have Historia Numorum: A Manual of Greek figural scenes painted on them, others 1. Sculpture Numismatics (London, 1911) and C.M. have figural scenes carved in relief, and a. Large Statuary—Primarily in Kraay, Archaic and Classical Greek some just have decorative moldings. bronze, including fragments of statues. Coins (London, 1976). Many of the Approximate date: 3rd millennium B.C. Subject matter includes human and Roman provincial mints in Greece are to 15th century A.D. listed in A. Burnett et al., Roman d. Large Statuary—Primarily in animal figures and groups of figures in the round. Common types are large- Provincial Coinage I: From the Death of marble, also in limestone and Caesar to the Death of Vitellius (44 BC– sandstone, including fragments of scale, free-standing statuary from approximately 1 m to 2.5 m in height AD 69) (London, 1992) and id., Roman statues. Subject matter includes human Provincial Coinage II: From Vespasian and animal figures and groups of figures and life-size busts (head and shoulders of an individual). Approximate date: to Domitian (AD 69–96) (London, 1999). in the round. Common types are large- a. Greek Bronze Coins—Struck by scale, free-standing statuary from 2nd millennium to 324 A.D. b. Small Statuary and Figurines— city-states, leagues, and kingdoms that approximately 1 m to 2.5 m in height operated in territory of the modern and life-size busts (head and shoulders Subject matter includes human and animal figures, groups of figures in the Greek state (including the ancient of an individual). The style may be territories of the Peloponnese, Central naturalistic, as in the Classical Period, round, masks, and plaques. These range from approximately 10 cm to 1 m in Greece, Thessaly, Epirus, Crete and highly stylized, as in the Bronze Age those parts of the territories of ancient culture of the Cyclades, or somewhere height. Approximate date: 3rd millennium B.C. to 324 A.D. Macedonia, Thrace and the Aegean in between. Approximate date: 4th islands that lay within the boundaries of millennium B.C. to 15th century A.D. c. Inscribed or Decorated Sheet Metal—In bronze or lead. Engraved the modern Greek state). Approximate e. Small Statuary and Figurines—In date: 5th century B.C. to late 1st century marble and other stone. Subject matter inscriptions, ‘‘curse tablets,’’ and thin metal sheets with engraved or B.C. includes human and animal figures and b. Greek Silver Coins—This category groups of figures in the round. These impressed designs often used as attachments to furniture. Approximate includes the small denomination coins range from approximately 10 cm to 1 m of the city-states of Aegina, Athens, and in height. The style may be naturalistic, date: 4th millennium B.C. to 15th century A.D. Corinth, and the Kingdom of Macedonia as in the Classical Period, highly under Philip II and Alexander the Great. stylized, as in the Bronze Age culture of 2. Vessels—In bronze, gold, and silver. These may belong to Such coins weigh less than the Cyclades, or somewhere in between. approximately 10 grams and are known Approximate date: 20,000 B.C. to 15th conventional shapes such as bowls, cups, jars, jugs, strainers, cauldrons, and as obols, diobols, triobols, century A.D. hemidrachms, and drachms. Also f. Reliefs—In marble and other stone. lamps, or may occur in the shape of an animal or part of an animal. included are all denominations of coins Types include carved slabs with figural, struck by the other city-states, leagues, vegetative, floral, or decorative motifs, Approximate date: 5th millennium B.C. to 15th century A.D. and kingdoms that operated in the sometimes inscribed, and carved relief territory of the modern Greek state vases. Used for architectural decoration, 3. Personal Ornaments—In bronze, gold, and silver. Types include rings, (including the ancient territories of the funerary, votive, or commemorative Peloponnese, Central Greece, Thessaly, monuments. Approximate date: 3rd beads, pendants, belts, belt buckles, earrings, diadems, spangles, straight and Epirus, Crete, and those parts of the millennium B.C. to 15th century A.D. territories of ancient Macedonia, Thrace g. Furniture—In marble and other safety pins, necklace, mirror, wreath, cuff. Approximate date: 7th millennium and the Aegean islands that lie within stone. Types include tables, thrones, the boundaries of the modern Greek and beds. Approximate date: 12th B.C. to 15th century A.D. 4. Tools—In copper, bronze and iron. state). Approximate date: 6th century century B.C. to 15th century A.D. B.C. to late 1st century B.C. 2. Vessels—In marble, steatite, rock Types include hooks, weights, axes, c. Roman Coins Struck in Greece—In crystal, and other stone. These may scrapers, (strigils), trowels, keys and the silver and bronze, struck at Roman and belong to conventional shapes such as tools of craftspersons such as Roman provincial mints that operated in bowls, cups, jars, jugs, and lamps, or carpenters, masons and metal smiths. the territory of the modern Greek state may occur in the shape of an animal or Approximate date: 4th millennium B.C. (including the ancient territories of the part of an animal. Approximate date: to 15th century A.D. Peloponnese, Central Greece, Thessaly, 7th millennium B.C. to 15th century 5. Weapons and Armor—In copper, Epirus, Crete, and those parts of the A.D. bronze and iron. Types include both 3. Tools and Weapons—In flint/chert, launching weapons (spears and javelins) territories of ancient Macedonia, Thrace obsidian, and other hard stones. and weapons for hand-to-hand combat and the Aegean islands that lie within Chipped stone types include blades, (swords, daggers, etc.). Armor includes the boundaries of the modern Greek small blades, borers, scrapers, sickles, body armor, such as helmets, cuirasses, state). Approximate date: late 2nd cores, and arrow heads. Ground stone shin guards, and shields, and horse century B.C. to 3rd century A.D. types include grinders (e.g., mortars, armor often decorated with elaborate C. Ceramic pestles, millstones, whetstones), engraved, embossed, or perforated choppers, axes, hammers, and mace designs. Approximate date: 6th 1. Sculpture heads. Approximate date: 20,000 B.C. to millennium B.C. to 30 B.C. a. Architectural Elements—Baked clay 15th century B.C. 6. Seals—In lead, tin, copper, bronze, (terracotta) elements used to decorate 4. Seals and beads—In marble, silver, and gold. Types include rings, buildings. Elements include acroteria, limestone, and various semiprecious amulets, and seals with shank. antefixes, painted and relief plaques,

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metopes, cornices, roof tiles, and painted on a white ground (White millennium B.C. to 2nd millennium revetments. Approximate date: 3rd Ground). Approximate date: 6th century B.C. millennium B.C. to 30 B.C. B.C. to 4th century B.C. 4. Musical Instruments—In bone, b. Large Statuary—Subject matter e. Corinthian Pottery—Painted pottery ivory and tortoise shell. Types include includes human and animal figures and made in Corinth in a specific range of pipe and flute. Approximate date: 3rd groups of figures in the round. Common shapes for perfume and unguents and millennium B.C. to 15th century A.D. types are large-scale, free-standing for drinking or pouring liquids. The 5. Vessels made of ostrich egg shell. statuary from approximately 1 m to 2.5 very characteristic painted and incised Approximate date: 3rd millennium B.C. m in height and life-size busts (head and designs depict human and animal to 2nd millennium B.C. shoulders of an individual). figural scenes, rows of animals, and E. Glass and Faience Approximate date: 3rd millennium B.C. floral decoration. Approximate date: 8th to 30 B.C. century B.C. to 6th century B.C. 1. Vessels—Shapes include small jars, c. Small Statuary—Subject matter is f. West Slope Ware—This ware is bowls, animal shaped, goblet, spherical, varied and includes human and animal named after a type of pottery from the candle holders, perfume jars figures, human body parts, groups of west slope of the Athenian Acropolis. It (unguentaria). Approximate date: 2nd figures in the round, shrines, houses, has a black-glaze with relief and millennium to 15th century A.D. and chariots. Includes Mycenaean and polychrome decoration and was 2. Beads—Globular and relief beads. later Tanagra figurines. These range produced first in Athens in the fourth Approximate date: 2nd millennium B.C. from approximately 10 cm to 1 m in century B.C., but the style is also F. Textile height. Approximate date: 7th manufactured elsewhere, such as at millennium B.C. to 324 A.D. Corinth, Macedonia and Crete down to Clothing or fragments of clothing or d. Sarcophagi—Block- or tub-shaped the first century. Approximate date: 4th carpets or cloth for hanging. chests, often painted, known as larnax century—1st century B.C. Approximate date: 1100 B.C. to 15th (plural, larnakes). Approximate date: g. Byzantine Pottery—Includes century A.D. 3rd millennium B.C. to 30 B.C. undecorated plain wares, utilitarian, G. Papyrus Documents 2. Vessels tableware, serving and storage jars, Documents made from papyrus and a. Neolithic Pottery—Handmade, special shapes such as pilgrim flasks. written upon in ink; these are often often decorated with a lustrous burnish, and can be matte painted or glazed, rolled, fragmentary, and should be decorated with applique´ and/or including incised ‘‘sgraffitto’’ and handled with extreme care. incision, sometimes with added paint. stamped with elaborate polychrome Approximately 7th century B.C. to 324 These come in a variety of shapes from decorations using floral, geometric, A.D. simple bowls and vases with three or for human, and animal motifs; it is legs to handled scoops and large storage generally locally manufactured, though H. Paintings jars. Approximate date: 7th millennium places like Corinth were major 1. Domestic and Public Wall B.C. to 3rd millennium B.C. producers. Approximate date: 324 A.D. Painting—These are painted on b. Minoan, Cycladic, and Mycenaean to 15th century. mudplaster, lime plaster (wet—buon Pottery—Handmade and wheelmade 3. Inscriptions—These are typically fresco—and dry—secco fresco); types pottery in shapes for tableware, serving, unbaked and should be handled with include simple applied color, bands and storing, and processing, with lustrous extreme care, even when hard-fired borders, landscapes, scenes of people burnished, matte, applique´, incised, and through accidental burning. They and/or animals in natural or built painted decoration; includes local styles typically take the form of tablets shaped settings. Approximate date: 3rd such as Kamares ware, Pictorial Style, like leaves or rectangular or square and millennium B.C. to 324 A.D. and extraordinary shapes such as they are often lined, with incised, and 2. Tomb Paintings—Paintings on ‘‘frying pans’’ and ‘‘kernoi.’’ sometimes stamped, characters known plaster or stone, sometimes geometric or Approximate dates: 4th millennium B.C. as ‘‘Linear A’’ and ‘‘Linear B.’’ floral but usually depicting gods, to 12th century B.C. Approximate date: 2nd millennium B.C. goddesses, or funerary scenes. c. ‘‘Submycenean’’ and Pottery of the to 12th century B.C. Approximate date: 2nd millennium B.C. Geometric Period (including ‘‘sub- D. Bone, Ivory, and Other Organics to 500 A.D. Geometric’’).—Handmade and 3. Panel Paintings on wood depicting wheelmade pottery that succeeds the 1. Small Statuary and Figurines— gods, goddesses, or funerary scenes. styles of the Late Bronze Age and is Subject matter includes human and Approximate date: 1st millennium B.C. produced in decorated and undecorated animal figures and groups of figures in to 324 A.D. styles, often reflecting that of the Late the round. These range from Bronze Age but predominately using approximately 10 cm to 1 m in height. I. Mosaics compasses for circles and linear Approximate date: 7th millennium B.C. Floor mosaics including landscapes, ‘‘geometric’’ decoration, as well as to 15th century A.D. scenes of humans or gods, and activities schematic representations of humans, 2. Personal Ornaments—In bone, such as hunting and fishing. There may animals and birds. Approximate dates: ivory, and spondylus shell. Types also be vegetative, floral, or decorative 12th century B.C. to 7th century B.C. include amulets, combs, pins, spoons, motifs. Approximate date: 5th century d. Attic Black Figure, Red Figure and small containers, bracelets, buckles, and B.C. to 500 A.D. White Ground Pottery—These are made beads. Approximate date: 7th in a specific set of shapes (e.g. millennium B.C. to 15th century A.D. II. Byzantine Ecclesiastical Ethnological amphorae, kraters, hydriae, oinochoi, 3. Seals and Stamps—Small devices Material kylikes) decorated with black painted with at least one side engraved with a The ecclesiastical ethnological figures on a clear clay ground (Black design for stamping or sealing; they can materials represent the Early Christian Figure), decorative elements in reserve be discoid, cuboid, conoid, or in the and Byzantine periods and include with background fired black (Red shape and animals or fantastic creatures objects made from 324 A.D. through the Figure), and multi-colored figures (e.g. a scarab). Approximate date: 7th 15th century A.D.

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A. Stone painted wooden beams from churches is, therefore, being made without notice 1. Architectural elements—In marble or monasteries, furniture such as or public procedure (5 U.S.C. 553(a)(1)). and other stone, including upright thrones, chests and other objects, For the same reason, a delayed effective ‘‘closure’’ slabs, circular marking slabs including musical instruments. date is not required under 5 U.S.C. omphalion, which may be decorated Religious figures predominate in the 553(d)(3). painted and carved figural decoration. with crosses, human, or animal figures. Regulatory Flexibility Act 2. Monuments—In marble and other Ecclesiastical furniture and architectural stone; types such as funerary elements may also be decorated with Because no notice of proposed inscriptions. geometric or floral designs. rulemaking is required, the provisions of the Regulatory Flexibility Act (5 3. Vessels – Containers for holy water. F. Glass 4. Reliefs—Carved as icons in which U.S.C. 601 et seq.) do not apply. Vessels of glass include lamps and religious figures predominate in the candle sticks. Executive Order 12866 figural decoration. G. Textile Because this rule involves a foreign B. Metal affairs function of the United States, it Robes, vestments and altar clothes are is not subject to Executive Order 12866. 1. Reliefs—Cast as icons in which often of a fine fabric and richly religious figures predominate in the embroidered in silver and gold. Signing Authority figural decoration. Embroidered designs include religious 2. Boxes—Containers of gold and This regulation is being issued in motifs and floral and geometric designs. silver, used as reliquaries for sacred accordance with 19 CFR 0.1(a)(1). human remains. H. Parchment List of Subjects in 19 CFR Part 12 3. Vessels—Containers of lead, which Documents such as illuminated Cultural property, Customs duties and carried aromatic oils and are called manuscripts occur in single leaves or inspection, Imports, Prohibited ‘‘pilgrim flasks.’’ bound as a book or ‘‘codex.’’ and are 4. Ceremonial paraphernalia—In written or painted on animal skins merchandise, Reporting and bronze, silver, and gold including (cattle, sheep/goat, camel) known as recordkeeping requirements. censers (incense burners), book covers, parchment. Amendment to CBP Regulations liturgical crosses, archbishop’s crowns, buckles, and chests. These are often I. Painting For the reasons set forth above, part decorated with molded or incised 1. Wall paintings—On various kinds 12 of Title 19 of the Code of Federal geometric motifs or scenes from the of plaster and which generally portray Regulations (19 CFR part 12), is Bible, and encrusted with semi-precious religious images and scenes of Biblical amended as set forth below: or precious stones. The gems themselves events. Surrounding paintings may PART 12—SPECIAL CLASSES OF may be engraved with religious figures contain animal, floral, or geometric MERCHANDISE or inscriptions. Ecclesiastical treasure designs, including borders and bands. may include all of the above, as well as 2. Panel Paintings (Icons)—Smaller ■ 1. The general authority citation for rings, earrings, and necklaces (some versions of the scenes on wall paintings, part 12 and the specific authority decorated with ecclesiastical themes) and may be partially covered with gold citation for § 12.104g continue to read as and other implements (e.g., spoons). or silver, sometimes encrusted with follows: semi-precious or precious stones and C. Ceramic are usually painted on a wooden panel, Authority: 5 U.S.C. 301; 19 U.S.C. 66, Vessels which carried aromatic oils often for inclusion in a wooden screen 1202 (General Note 3(i), Harmonized Tariff and are called ‘‘pilgrim flasks.’’ (iconastasis). Schedule of the United States (HTSUS)), 1624; D. Bone and Ivory Objects J. Mosaics * * * * * Ceremonial paraphernalia including Wall mosaics generally portray Sections 12.104 through 12.104i also boxes, reliquaries (and their contents), religious images and scenes of Biblical issued under 19 U.S.C. 2612; plaques, pendants, candelabra, stamp events. Surrounding panels may contain * * * * * rings, crosses. Carved and engraved animal, floral, or geometric designs. ■ 2. In § 12.104g, paragraph (a), the table decoration includes religious figures, They are made from stone and glass cut is amended by adding Greece (Hellenic scenes from the Bible, and floral and into small bits (tesserae) and laid into a Republic) to the list in appropriate geometric designs. plaster matrix. alphabetical order as follows: E. Wood Inapplicability of Notice and Delayed § 12.104g Specific items or categories Wooden objects include architectural Effective Date designated by agreements or emergency elements such as painted wood screens This amendment involves a foreign actions. (iconstasis), carved doors, crosses, affairs function of the United States and (a) * * *

State party Cultural property Decision No.

******* Greece (Hellenic Re- Archaeological materials representing Greece’s cultural heritage from the Upper Paleolithic CBP Dec. 11–25 public). (beginning approximately 20,000 B.C.) through the 15th century A.D. and ecclesiastical ethnological material representing Greece’s Byzantine culture (approximately the 4th century through the 15th century A.D.).

*******

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* * * * * 1321. These regulations are designed to Requirements for Retail Sales of ensure that there is a sufficient supply Scheduled Listed Chemical Products Alan D. Bersin, of controlled substances for legitimate Commissioner, U.S. Customs and Border medical, scientific, research, and CMEA defines nonprescription drug Protection. industrial purposes and to deter the products marketed or distributed Approved: November 28, 2011. diversion of controlled substances to lawfully in the United States under the Timothy E. Skud, illegal purposes. Federal Food, Drug, and Cosmetic Act Deputy Assistant Secretary of the Treasury. containing ephedrine, pseudoephedrine, The CSA mandates that DEA establish or phenylpropanolamine as ‘‘scheduled [FR Doc. 2011–30905 Filed 11–30–11; 8:45 am] a closed system of control for BILLING CODE 9111–14–P listed chemical products’’ (21 U.S.C. manufacturing, distributing, and 802(45)). Direct, in-person sales to a dispensing controlled substances. Any customer, whether by a regulated seller person who manufactures, distributes, DEPARTMENT OF JUSTICE (e.g., grocery store, general merchandise dispenses, imports, exports, or conducts store, drug store) (21 U.S.C. 802(46), Drug Enforcement Administration research or chemical analysis with (49)) or a mobile retail vendor (e.g., controlled substances must register with kiosk, flea market), (21 U.S.C. 802(47)) 21 CFR Part 1314 DEA (unless exempt) and comply with are subject to requirements for training the applicable requirements for the of employees who either are responsible [Docket No. DEA–328] activity. The CSA as amended also for delivering scheduled listed chemical RIN 1117–AB25 requires DEA to regulate the products into the custody of purchasers manufacture and distribution of or who deal directly with purchasers by Implementation of the chemicals that may be used to obtaining payments for the products (21 Methamphetamine Production manufacture controlled substances U.S.C. 830(e)(1)(A)(vii)). The regulated Prevention Act of 2008 illegally. Listed chemicals that are seller must certify to DEA that the classified as List I chemicals are AGENCY: Drug Enforcement employees have been trained (21 U.S.C. important to the manufacture of 830(e)(1)(B)). These regulated sellers Administration (DEA), Justice. controlled substances. Those classified ACTION: Final rule. must also check identifications of as List II chemicals may be used to purchasers and maintain specific SUMMARY: In October 2008, the President manufacture controlled substances. records (the logbook) of each sale of signed the Methamphetamine Background scheduled listed chemical products (21 Production Prevention Act of 2008 U.S.C. 830(e)(1)(A)). The only sales (MPPA), which clarifies the information On March 9, 2006, the President exempt from recordkeeping are sales of entry and signature requirements for signed the Combat Methamphetamine single packages where the package electronic logbook systems permitted for Epidemic Act of 2005 (CMEA), which is contains not more than 60 milligrams of the retail sale of scheduled listed Title VII of the USA PATRIOT pseudoephedrine (21 U.S.C. chemical products. On March 23, 2010, Improvement and Reauthorization Act 830(e)(1)(A)(iii)). DEA published a Notice of Proposed of 2005 (Pub. L. 109–177). CMEA On September 26, 2006, DEA Rulemaking to implement the amended the CSA to regulate the sale of published in the Federal Register an provisions of the MPPA and make its products that contain ephedrine, Interim Final Rule, ‘‘Retail Sales of regulations consistent with the new pseudoephedrine, and Scheduled Listed Chemical Products; requirements. This action finalizes phenylpropanolamine, their salts, Self-Certification of Regulated Sellers of without change the Notice of Proposed optical isomers, and salts of optical Scheduled Listed Chemical Products’’ Rulemaking published on March 23, isomers, that may be marketed or (71 FR 56008; corrected at 71 FR 60609, 2010. The Final Rule will make it easier distributed lawfully in the United States October 13, 2006). That rule for regulated sellers to maintain under the Federal Food, Drug, and incorporated the standards set forth by electronic logbooks by allowing greater Cosmetic Act as nonprescription drugs. the CMEA, requiring regulated sellers of flexibility as to how information may be CMEA defines these products as scheduled listed chemical products to captured. ‘‘scheduled listed chemical products’’ maintain logbooks regarding their sales DATES: Effective Date: January 3, 2012. (21 U.S.C. 802(45)). Ephedrine, on and after September 30, 2006. If a FOR FURTHER INFORMATION CONTACT: pseudoephedrine, and regulated seller maintains the logbook Rhea D. Moore, Office of Diversion phenylpropanolamine are List I on paper, DEA requires that the book be Control, Drug Enforcement chemicals because they are used in, and bound, as is currently the case for Administration, 8701 Morrissette Drive, important to, the illegal manufacture of records of sales of Schedule V Springfield, Virginia 22152; Telephone methamphetamine and amphetamine, controlled substances that are sold (202) 307–7165. both Schedule II controlled substances. without a prescription (21 CFR SUPPLEMENTARY INFORMATION: The Methamphetamine Production 1314.30(a)(2)). The records must be Prevention Act of 2008 (MPPA) (Pub. L. readily retrievable and available for DEA’s Legal Authority 110–415) was enacted in 2008 to clarify inspection and copying by DEA or other DEA implements the Comprehensive the information entry and signature State or local law enforcement agencies Drug Abuse Prevention and Control Act requirements for electronic logbook (21 U.S.C. 830(e)(1)(C)(i), 21 CFR of 1970, often referred to as the systems permitted for the retail sale of 1314.30(i)). Logs must be kept for not Controlled Substances Act (CSA) and scheduled listed chemical products. On fewer than two years from the date the the Controlled Substances Import and March 23, 2010, DEA published a entry was made (21 CFR 1314.30(g)). Export Act (CSIEA) (21 U.S.C. 801–971), Notice of Proposed Rulemaking to CMEA required the logs include the as amended. DEA publishes the implement the provisions of the MPPA information entered by the purchaser implementing regulations for these and make its regulations consistent with (name, address, signature, date and time statutes in Title 21 of the Code of the new requirements. 75 FR 13702. of sale) and the quantity and form of the Federal Regulations (CFR), Parts 1300 to This finalizes that proposed rulemaking. product sold.

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