Federal Register/Vol. 84, No. 9/Monday, January 14, 2019/Rules and Regulations
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112 Federal Register / Vol. 84, No. 9 / Monday, January 14, 2019 / Rules and Regulations of the Regulatory Flexibility Act (5 DEPARTMENT OF HOMELAND which implements the 1970 United U.S.C. 601 et seq.) do not apply. SECURITY Nations Educational, Scientific and Cultural Organization (UNESCO) Executive Orders 12866 and 13771 U.S. Customs and Border Protection Convention on the Means of Prohibiting CBP has determined that this and Preventing the Illicit Import, Export document is not a regulation or rule DEPARTMENT OF THE TREASURY and Transfer of Ownership of Cultural subject to the provisions of Executive Property (hereinafter, ‘‘1970 UNESCO Order 12866 or Executive Order 13771 19 CFR Part 12 Convention’’ or ‘‘the Convention’’ (823 because it pertains to a foreign affairs RIN 1515–AE41 U.N.T.S. 231 (1972))), the United States function of the United States, as entered into a bilateral agreement with described above, and therefore is Extension of Import Restrictions the Republic of Bulgaria (Bulgaria) on specifically exempted by section 3(d)(2) Imposed on Certain Archaeological January 14, 2014, to impose import of Executive Order 12866 and section and Ecclesiastical Ethnological restrictions on: (1) Archaeological 4(a) of Executive Order 13771. Material From Bulgaria material from Bulgaria ranging in date from 7500 B.C through approximately Signing Authority AGENCY: U.S. Customs and Border 1750 A.D.; and (2) ecclesiastical This regulation is being issued in Protection, Department of Homeland ethnological material from Bulgaria accordance with 19 CFR 0.1(a)(1), Security; Department of the Treasury. ranging in date from the beginning of pertaining to the Secretary of the ACTION: Final rule. the 4th century A.D. through Treasury’s authority (or that of his/her approximately 1750 A.D. On January 16, SUMMARY: This document amends the delegate) to approve regulations related 2014, U.S. Customs and Border U.S. Customs and Border Protection to customs revenue functions. Protection (CBP) published a final rule (CBP) regulations to reflect an extension (CBP Dec. 14–01) in the Federal List of Subjects in 19 CFR Part 12 of import restrictions on certain Register (79 FR 2781), which amended archaeological and ecclesiastical § 12.104g(a) of title 19 of the Code of Cultural property, Customs duties and ethnological material from Bulgaria. The Federal Regulations (19 CFR 12.104g(a)) inspection, Imports, Prohibited restrictions, which were originally to reflect the imposition of these merchandise. imposed by CBP Dec. 14–01, are due to restrictions, and included a list covering Amendment to CBP Regulations expire on January 14, 2019. The certain archaeological and ecclesiastical Assistant Secretary for Educational and ethnological material from Bulgaria. For the reasons set forth above, part Cultural Affairs, United States Import restrictions listed at 19 CFR 12 of title 19 of the Code of Federal Department of State, has made the 12.104g(a) are effective for no more than Regulations (19 CFR part 12) is requisite determination for extending five years beginning on the date on amended as set forth below: the import restrictions that previously which the agreement enters into force existed and entering into a new with respect to the United States. This PART 12—SPECIAL CLASSES OF Memorandum of Understanding (MOU) period may be extended for additional MERCHANDISE with Bulgaria to reflect the extension of periods of not more than five years if it these import restrictions. The new MOU is determined that the factors that ■ 1. The general authority citation for supersedes and replaces the existing justified the initial agreement still part 12 and the specific authority agreement that became effective on pertain and no cause for suspension of citation for § 12.104g continue to read as January 14, 2014. This new MOU also the agreement exists. follows: corrects an inconsistency existing On June 13, 2018, the United States Authority: 5 U.S.C. 301; 19 U.S.C. 66, between the previous MOU and the Department of State proposed in the 1202 (General Note 3(i), Harmonized Tariff Designated List that describes the types Federal Register (83 FR 27649) to Schedule of the United States (HTSUS)), of archaeological and ecclesiastical extend the Memorandum of 1624; ethnological material to which the Understanding (MOU) between the * * * * * restrictions apply. United States and Bulgaria concerning the imposition of import restrictions on Sections 12.104 through 12.104i also DATES: Effective January 14, 2019. issued under 19 U.S.C. 2612; certain archaeological and ecclesiastical FOR FURTHER INFORMATION CONTACT: For * * * * * ethnological material from Bulgaria for regulatory aspects, Lisa L. Burley, an additional five years. § 12.104g [Amended] Branch Chief, Cargo Security, Carriers The Assistant Secretary for and Restricted Merchandise Branch, Educational and Cultural Affairs, United ■ 2. In § 12.104g, in paragraph (a), the Regulations and Rulings, Office of States Department of State, after table is amended in the entry for Trade, (202) 325–0215, ot- consultation with and recommendations People’s Republic of China by removing [email protected]. For by the Cultural Property Advisory the words ‘‘CBP Dec. 09–03 extended by operational aspects, Christopher N. Committee, determined that the cultural CBP Dec. 14–02’’ in the column headed Robertson, Branch Chief, Commercial heritage of Bulgaria continues to be in ‘‘Decision No.’’, and adding in their Targeting & Analysis Center, Trade jeopardy from pillage of certain place the words ‘‘CBP Dec. 19–02’’. Policy and Programs, Office of Trade, archaeological material and (202) 325–6586, [email protected]. ecclesiastical ethnological material and Kevin K. McAleenan, SUPPLEMENTARY INFORMATION: that the import restrictions should be Commissioner, U.S. Customs and Border extended for an additional five years. Protection. Background Subsequently, the United States and Approved: January 9, 2019. Pursuant to the Convention on Bulgaria entered into and concluded a David J. Kautter, Cultural Property Implementation Act, new MOU, superseding and replacing Assistant Secretary of the Treasury. Public Law 97–446, 19 U.S.C. 2601 et the existing MOU (dated January 14, [FR Doc. 2019–00065 Filed 1–10–19; 11:15 am] seq. (hereinafter, ‘‘the Cultural Property 2014), to reflect the extension of those BILLING CODE 9111–14–P Implementation Act’’ or ‘‘the Act’’), import restrictions for an additional five VerDate Sep<11>2014 16:12 Jan 11, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 84, No. 9 / Monday, January 14, 2019 / Rules and Regulations 113 years. This new MOU is titled: Roman, Middle Ages, First Bulgarian in height. Approximate date: Neolithic ‘‘Memorandum of Understanding Empire, Byzantine, Second Bulgarian through 1750 A.D. Between the Government of the United Empire, and Ottoman. The ecclesiastical f. Reliefs—In marble and other stone. States of America and the Government ethnological materials represent the Types include carved relief vases and of the Republic of Bulgaria Concerning following periods and cultures: Middle slabs carved with subject matter such as the Imposition of Import Restrictions on Ages, First Bulgarian Empire, Byzantine, a horseman, vegetative, floral, or Categories of Archaeological and Second Bulgarian Empire, and Ottoman. decorative motifs, sometimes inscribed. Ecclesiastical Ethnological Material of Ancient place-names associated with Used for architectural decoration, the Republic of Bulgaria.’’ This new the region of Bulgaria include Odrysian funerary, votive, or commemorative MOU also corrects an inconsistency Kingdom, Thrace, Thracia, Moesia monuments. Approximate date: Third existing between the previous MOU and Inferior, Moesia Superior, Coastal Dacia, millennium B.C. through 1750 A.D. the Designated List that describes the Inner Dacia, Rhodope, Haemimontus, g. Furniture—In marble and other types of archaeological and Europa, Bulgaria, and Eyalet of Rumeli. stone. Types include tables, thrones, ecclesiastical ethnological material from and beds. Approximate date: Third Bulgaria to which the restrictions apply. I. Archaeological Material millennium B.C. through 1750 A.D. The inconsistency involved the 2014 A. Stone 2. Vessels—In marble, steatite, rock MOU incorrectly listing the crystal, and other stone. These may ecclesiastical ethnological material 1. Sculpture belong to conventional shapes such as ranging in date from the beginning of a. Architectural Elements—In marble, bowls, cups, jars, jugs, and lamps, or 681 A.D. rather than as listed in the limestone, gypsum, and other kinds of may occur in the shape of a human or Designated List as from the beginning of stone. Types include acroterion, antefix, animal, or part of human or animal. the 4th century A.D. architrave, base, capital, caryatid, coffer, Approximate date: Neolithic through Because of the new MOU, CBP is column, crowning, fountain, frieze, 1750 A.D. republishing the Designated List of pediment, pilaster, mask, metope, 3. Tools, Instruments, and Weapons— cultural property described in CBP Dec. mosaic and inlay, jamb, tile, triglyph, In flint, quartz, obsidian, and other hard 14–01 in this document. Accordingly, tympanum, basin, and wellhead. stones. Types of stone tools include CBP is amending 19 CFR 12.104g(a) to Approximate date: First millennium large and small blades, borers, scrapers, reflect the extension of these import B.C.