Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Rules and Regulations 41909

PART 71—DESIGNATION OF CLASS A, imposed pursuant to an agreement cultural patrimony of Algeria is in B, C, D, AND E AIRSPACE AREAS; AIR between the United States and Algeria jeopardy from the pillage of TRAFFIC SERVICE ROUTES; AND that has been entered into under the archaeological material representing REPORTING POINTS authority of the Convention on Cultural Algeria’s cultural heritage dating from Property Implementation Act. The final approximately 2.4 million years up to ■ 1. The authority citation for part 71 rule amends CBP regulations by adding 250 years ago, including material continues to read as follows: Algeria to the list of countries which starting in the Paleolithic period and Authority: 49 U.S.C. 106(f), 106(g); 40103, have a bilateral agreement with the going into the Ottoman period (19 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, United States to impose cultural U.S.C. 2602(a)(1)(A)); (2) that the 1959–1963 Comp., p. 389. property import restrictions. The final Algerian government has taken rule also contains the Designated List measures consistent with the § 71.1 [Amended] that describes the types of Convention to protect its cultural ■ 2. The incorporation by reference in archaeological material to which the patrimony (19 U.S.C. 2602(a)(1)(B)); (3) 14 CFR 71.1 of FAA Order 7400.11C, restrictions apply. that import restrictions imposed by the Airspace Designations and Reporting DATES: Effective Date: August 14, 2019. United States would be of substantial benefit in deterring a serious situation of Points, dated August 13, 2018, and FOR FURTHER INFORMATION CONTACT: For pillage and remedies less drastic are not effective September 15, 2018, is legal aspects, Lisa L. Burley, Chief, available (19 U.S.C. 2602(a)(1)(C)); and amended as follows: Cargo Security, Carriers and Restricted (4) that the application of import * * * * * Merchandise Branch, Regulations and restrictions as set forth in this final rule Rulings, Office of Trade, (202) 325– Paragraph 6005 Class E Airspace Areas is consistent with the general interests 0300, [email protected]. Extending Upward From 700 Feet or More of the international community in the For operational aspects, Christopher N. Above the Surface of the Earth. interchange of cultural property among * * * * * Robertson, Branch Chief, Commercial nations for scientific, cultural, and Targeting and Analysis Center, Trade AGL WI E5 Minocqua-Woodruff, WI educational purposes (19 U.S.C. Policy and Programs, Office of Trade, 2602(a)(1)(D)). The Assistant Secretary [Amended] (202) 325–6586, [email protected]. Minocqua-Woodruff, Lakeland/Nobel F. Lee also found that the material described in SUPPLEMENTARY INFORMATION: Memorial Field Airport, WI the determinations meets the statutory (Lat. 45°55′41″ N, long. 89°43′51″ W) Background definition of ‘‘archaeological or ethnological material of the State Party’’ That airspace extending upward from 700 The Convention on Cultural Property feet above the surface within a 6.6-mile (19 U.S.C. 2601(2)). Implementation Act, Public Law 97– radius of the Lakeland/Noble F. Lee The Agreement Memorial Field Airport. 446, 19 U.S.C. 2601 et seq. (‘‘the Cultural Property Implementation Act’’), On August 15, 2019, the United States Issued in Fort Worth, Texas, on August 8, implements the 1970 United Nations 2019. and Algeria entered into a bilateral Educational, Scientific and Cultural agreement, ‘‘Memorandum of John Witucki, Organization (UNESCO) Convention on Understanding between the Government Acting Manager, Operations Support Group, the Means of Prohibiting and Preventing of the United States of America and the ATO Central Service Center. the Illicit Import, Export and Transfer of Government of the People’s Democratic [FR Doc. 2019–17596 Filed 8–15–19; 8:45 am] Ownership of Cultural Property (823 Republic of Algeria Concerning the BILLING CODE 4910–13–P U.N.T.S. 231 (1972)) (‘‘the Imposition of Import Restrictions on Convention’’). Pursuant to the Cultural Categories of Cultural Property of Property Implementation Act, the Algeria’’ (‘‘the Agreement’’), pursuant to DEPARTMENT OF HOMELAND United States entered into a bilateral the provisions of 19 U.S.C. 2602(a)(2). SECURITY agreement with Algeria to impose The Agreement enables the import restrictions on certain Algerian promulgation of import restrictions on U.S. Customs and Border Protection archaeological material. This rule categories of archaeological material announces that the United States is now representing Algeria’s cultural heritage DEPARTMENT OF THE TREASURY imposing import restrictions on certain that is at least 250 years old, dating from archaeological material from Algeria. the Paleolithic (approximately 2.4 19 CFR Part 12 Determinations million years ago), Neolithic, Classical, [CBP Dec. 19–09] Byzantine, and Islamic periods and into Under 19 U.S.C. 2602(a)(1), the the Ottoman period to A.D. 1750. A list RIN 1515–AE48 United States must make certain of the categories of archaeological determinations before entering into an Import Restrictions Imposed on material subject to the import agreement to impose import restrictions Archaeological Material From Algeria restrictions is set forth later in this under 19 U.S.C. 2602(a)(2). On January document. AGENCY: U.S. Customs and Border 10, 2019, the Assistant Secretary for Protection, Department of Homeland Educational and Cultural Affairs, United Restrictions and Amendment to the Security; Department of the Treasury. States Department of State, after Regulations ACTION: Final rule. consultation with and recommendation In accordance with the Agreement, by the Cultural Property Advisory importation of material designated SUMMARY: This final rule amends the Committee, made the determinations below is subject to the restrictions of 19 U.S. Customs and Border Protection required under the statute with respect U.S.C. 2606 and § 12.104g(a) of title 19 (CBP) regulations to reflect the to certain archaeological material of the Code of Federal Regulations (19 imposition of import restrictions on originating in Algeria that are described CFR 12.104g(a)) and will be restricted certain archaeological material from the in the Designated List set forth below in from entry into the United States unless People’s Democratic Republic of Algeria this document. These determinations the conditions set forth in 19 U.S.C. (Algeria). These restrictions are being include the following: (1) That the 2606 and § 12.104c of the CBP

VerDate Sep<11>2014 15:46 Aug 15, 2019 Jkt 247001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1 khammond on DSKBBV9HB2PROD with RULES 41910 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Rules and Regulations

regulations (19 CFR 12.104c) are met. (f) Ottoman period (c. A.D. 1555– small, 5 cm to 10 cm (approximately 2 CBP is amending § 12.104g(a) of the CBP 1830 1): Algiers, Oran. in to 4 in), ornaments with carved Regulations (19 CFR 12.104g(a)) to designs. Categories of Material indicate that these import restrictions 6. Sepulchers—Types of burial have been imposed. A. Stone containers include sarcophagi, caskets, Import restrictions listed at 19 CFR 1. Architectural elements—Doors, and chest urns in marble, limestone, 12.104g(a) are effective for no more than door frames, window fittings, columns, and other kinds of stone. May be plain five years beginning on the date on capitals, bases, lintels, jambs, friezes, or have figural, geometric, or floral which the Agreement enters into force pilasters, engaged columns, altars, motifs painted on them, be carved in with respect to the United States. This mihrabs (prayer niches), screens, relief, and/or have decorative moldings. period may be extended for additional fountains, inlays, and blocks from walls, 7. Vessels and containers—Bowls, periods of not more than five years if it floors, and ceilings of buildings. May be cups, jars, jugs, lamps, and flasks, and is determined that the factors which plain, molded, or carved. Often also include smaller funerary urns, in justified the Agreement still pertain and decorated with motifs and inscriptions. marble and other stone. Funerary urns no cause for suspension of the Marble, limestone, sandstone, and can be egg-shaped vases with button- Agreement exists. The import gypsum are most commonly used, in topped covers and may have sculpted restrictions will expire five years from addition to porphyry and granite. portraits, painted geometric motifs, August 15, 2019, unless extended. 2. Mosaics—Floor mosaics made from inscriptions, scroll-like handles, and/or stone cut into small bits (tesserae) and be ribbed. Designated List of Archaeological 8. Furniture—Types include thrones, Material of Algeria laid into a plaster matrix. Wall and ceiling mosaics are made with a similar tables, and beds, from funerary or The Agreement between the United technique but may include tesserae of domestic contexts. States and Algeria includes, but is not both stone and glass. Subjects can 9. Inscriptions—In Greek, Punic, limited to, the categories of objects include landscapes, scenes of deities, Latin, or Arabic. Includes funerary described in the Designated List set humans, or animals, and activities such stelae, votive plaques, tombstones, forth below. Importation of material on as hunting and fishing or religious mosaic floors, and building plaques this list is restricted unless the material imagery. There may also be vegetative, made of marble or limestone. is accompanied by documentation floral, or geometric motifs and 10. Tools and weapons—In flint, certifying that the material left Algeria imitations of stone. Most date chert, obsidian, and other hard stones. legally and not in violation of the export approximately from the 5th century B.C. Prehistoric and Protohistoric microliths laws of Algeria. to 4th century A.D. (small stone tools). Chipped stone types The Designated List includes 3. Architectural and non-architectural include blades, borers, scrapers, sickles, archaeological material in stone, relief sculptures—Types include carved cores, and arrow heads. Ground stone ceramic, metal, bone, glass, and other slabs with figural, vegetative, floral, types include grinders (e.g., mortars, categories ranging in date from the geometric, or other decorative motifs, pestles, millstones, whetstones), Paleolithic period (beginning around 2.4 carved relief vases, steles, and plaques, choppers, spherical-shaped hand axes, million years ago) to the middle of the sometimes inscribed in Greek, Punic, hammers, mace heads, and weights. Ottoman period in Algeria (A.D. 1750). Latin, or Arabic. Sculptures are also 11. Jewelry—Includes seals, beads, used also for architectural decoration of finger rings, and other personal Archaeological Material funerary, votive, or commemorative adornment in marble, limestone, and Approximate Chronology of Well- monuments. Marble, limestone, and various semi-precious stones, including Known Archaeological Periods and sandstone are most commonly used. rock crystal, amethyst, jasper, agate, Sites 4. Monuments—Types include votive steatite, and carnelian. statues, funerary and votive stelae, and 12. Seals and stamps—Small devices (a) Paleolithic period (Oldowan, bases and base revetments in marble, with at least one side engraved with a Aterian, Oranian, Capsian; c. 2.4 million limestone, and other kinds of stone. design for stamping or sealing. They can years ago–6000 B.C.): Afalou bou These may be painted, carved with be discoid, cuboid, conoid, or in the Rhummel, Ain Hanech, Bir el Ater, relief sculpture, decorated with shape and animals or fantastic creatures Columnata, Taforalt, Tamar Hat, moldings, and/or carry dedicatory or (e.g., a scarab). Tighenif. funerary inscriptions in Greek, Punic, (b) Neolithic period (c. 6000–2000 B. Ceramic Latin, or Arabic. B.C.): Amekni, Capeletti Cave, Oued 5. Statuary—Large- and small-scale, 1. Architectural elements—Baked clay Guettara, Tassili n’Ajjer. including deities, human, animal, and (terracotta) elements used to decorate (c) Classical period (Phoenician, hybrid figures, as well as groups of buildings. Examples include acroteria, Roman, Punic; c. 1100 B.C.–A.D. 533): figures in the round, primarily in antefixes, painted and relief plaques, Ain Fakroun, Beni Ghename, Cherchell marble, but also in limestone and revetments, carved and molded brick, ´ (Caesarea), Cirta, Cuicul, Djemila, sandstone. Common types are large- and tile wall ornaments and panels. Gouraya, Les Andalouses, Mersa scale and free-standing statuary from 2. Statuary—Includes deities, human ´ Medakh, Siga, Rachgoun, Tebessa, approximately 1 m to 2.5 m and animal figures, human body parts, Timgad, Tipasa. (approximately 3 ft to 8 ft) in height, and groups of figures in the round. May (d) Byzantine period (c. A.D. 533– life-sized portrait or funerary busts be brightly colored. Small- and large- 644): Al-Asnam, Guelma, Merouana, (head and shoulders of an individual), scale, ranging from approximately 10 Timgad. and waist-length female busts that are cm to 1 m (4 in to 3 ft) in height. (e) Islamic period (Umayyad, Abbasid, either faceless (aniconic) and/or veiled 3. Figurines—Terracotta statues and Fatimid, Hammadid, Almoravid, (head or face). Prehistoric examples are statuettes, including deities, human, Almohad, Zayyanid, Marinid; c. A.D. and animal figures, as well as groups of 698–1465): Al Qal’a of Beni Hammad, 1 Note: Import restrictions concerning Ottoman figures in the round. Algiers, El Kantara, M’Zab Valley, period archaeological material apply only to those 4. Vessels—Types, forms, and Nedroma, Rhoufi, Tlemcen. objects dating to 1750 A.D. and earlier. decoration vary among archaeological

VerDate Sep<11>2014 15:46 Aug 15, 2019 Jkt 247001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Rules and Regulations 41911

styles and over time. Includes painted C. Metal 1963, R. Turcan, Arts et Me´tiers and unpainted forms, which can be 1. Statuary—Large- and small-scale, Graphiques, Paris; Etude sur la either handmade or wheel-made, and including deities, human, and animal numismatique et l’histoire mone´taire du decorated with burnish, glazes, or figures, as well as groups of figures in Maroc: Corpus des dirhams idrissites et carvings; imagery of humans, deities, the round in bronze, iron, silver, or contemporains, 1971, D. Eustache, animals, floral decorations, or gold. Common types are large-scale, Banque du Maroc, Rabat; Corpus des inscriptions. Some of the most well- free-standing statuary from Monnaies Alaouites, 1984, D. Eustache, known types are highlighted below: approximately 1 m to 2.5 m Banque du Maroc, Rabat; The Roman a. Neolithic—In a variety of shapes (approximately 3 ft to 8 ft) in height and Provincial Coinage, multiple volumes, from simple bowls and vases to large life-size busts (head and shoulders of an 1992-, A. Burnett, et al., The British storage jars. Handmade, often decorated individual). Museum Press, London. Some of the with a lustrous burnish, decorated with 2. Reliefs—Including plaques, best-known types are described below: applique and/or incision, sometimes appliques, steles, and masks, often in a. Greek—In silver, bronze, and gold, with added paint. So-called ‘‘wavy line bronze. May include Greek, Punic, struck in Algeria and in nearby mints pottery’’ from the Saharan region is Latin, and Arabic inscriptions. (Cyrene, Carthage). b. Roman Provincial—In bronze, characteristic of the period. 3. Inscribed or decorated sheet— struck at Roman and Roman provincial Engraved inscriptions, ‘‘curse tablets,’’ b. Greek—Includes both local and mints and found throughout Algeria. and thin metal sheets with engraved or imported fine and coarse wares and c. Numidian and Mauretanian— impressed designs often used as amphorae. Also imported Attic Black Associated with Numidian kings such attachments to furniture. Primarily in Figure, Red Figure, and White Ground as Micipsa, Jugurtha, Hiempsal II, and bronze or lead. pottery—these are made in a specific set Juba I, and Mauretanian kings such as 4. Vessels and containers—Forms of shapes (e.g., amphorae, kraters, Syphax, Juba II, Ptolemy II of include bowls, cups, jars, jugs, strainers, hydriae, oinochoi, kylikes) decorated Mauretania, Bocchus I, and Bocchus II. with black painted figures on a clear cauldrons, and oil lamps, as well as d. Byzantine—In bronze, silver, and clay ground (Black Figure), decorative vessels in the shape of an animal or part gold, struck in nearby mints like elements in reserve with background of an animal. Also includes scroll and Carthage or mobile mints in Arab- fired black (Red Figure), and multi- manuscript containers, as well as Byzantine period Ifriqiya. colored figures painted on a white reliquaries. In bronze, silver, and gold. e. Islamic—In silver and gold struck at ground (White Ground). Includes May portray deities, humans, or various mints including Algiers, Bijaya, imported painted pottery made in animals, as well as floral motifs in relief. Biskra, Qusantina, and Tlemcen. Corinth in a specific range of shapes for Objects from the Islamic period may be Examples include any coins of the perfume and unguents and for drinking inscribed in Arabic. following dynasties: Almohad, Hafsid, or pouring liquids. The very 5. Jewelry—Necklaces, chokers, Marinid, and Ziyanid. characteristic painted and incised pectorals, rings, beads, pendants, belts, f. Ottoman—Ottoman coins of Algeria designs depict human and animal belt buckles, earrings, diadems, straight in silver, gold, billon, and copper, figural scenes, rows of animals, and pins and fibulae, bracelets, anklets, struck at various mints including floral decoration. Approximate date: 8th girdles, belts, mirrors, wreaths and Algiers, Qusantina, Tagdemt, and century B.C. to 6th century B.C. crowns, make-up accessories and tools, Tlemcen. Also Spanish coins of Oran in metal strigils (scrapers), crosses, and billon or copper, produced in Toledo or c. Punic and Roman—Includes fine lamp-holders. In iron, bronze, silver, and coarse wares, including terra Madrid for use in Spanish Oran between and gold. Metal can be inlaid (with 1618 and 1691. sigillata and other red gloss wares, items such as red coral, colored stones, cooking wares and mortaria, and storage and glass). D. Bone, Ivory, Shell, and Other Organic and shipping amphorae. 6. Seals—Types include finger rings, Materials d. Byzantine—Includes undecorated amulets, and seals with shank in lead, 1. Small statuary and figurines— plain wares, lamps, utilitarian tin, copper, bronze, silver, and gold. Includes human, animal, and hybrid tableware, serving and storage jars, 7. Tools—Types include hooks, figures, and parts thereof as well as amphorae, and special shapes such as weights, axes, scrapers, trowels, keys groups of figures in the round. These pilgrim flasks. Can be matte painted or and the tools of crafts persons such as range from approximately 10 cm to 1 m glazed, including incised ‘‘sgraffitto’’ carpenters, masons and metal smiths, in (4 in to 40 in) in height. and stamped with elaborate polychrome copper, bronze, and iron. 2. Reliefs, plaques, steles, and decorations using floral, geometric, 8. Weapons and armor—Body armor, inlays—Carved and sculpted. May have human, and animal motifs. including helmets, cuirasses, shin figurative, floral, and/or geometric e. Islamic and Ottoman—Includes guards, and shields, and horse armor motifs. plain or utilitarian wares as well as often decorated with elaborate engraved, 3. Jewelry—Types include amulets, painted wares in a variety of types. embossed, or perforated designs. Both combs, pins, spoons, bracelets, buckles, launching weapons (spears and javelins) and beads (for example, prehistoric 5. Lamps—Rounded bodies with a and weapons for hand-to-hand combat perforated shells) in bone, ivory, and hole on the top and in the nozzle, (swords, daggers, etc.). spondylus shell. handles or lugs, and figural motifs such 9. Coins—Pre-Roman mints in Algeria 4. Seals and stamps—Small devices as beading, rosettes, or silphium plant. include Cirta, Hippo Regius, Caesarea with at least one side engraved with a Inscriptions may also be found on the (Iol), Lix, Siga, and Timici. Roman design for stamping or sealing. They can body. Later periods include glazed provincial mints in Algeria include be discoid, cuboid, conoid, or in the ceramic lamps, which may have a Caesarea, Cartenna, and Hippo Regius. shape and animals or fantastic creatures straight or round bulbous body with Helpful reference books include: Corpus (e.g., a scarab). flared top, and several branches. nummorum Numidiae Mauretaniaeque, 5. Vessels and luxury objects— 6. Objects of daily use—Includes 1955, J. Mazard, et al., Arts et metiers Include small containers and decorated game pieces, loom weights, and toys. graphiques, Paris; Le Tre´sor de Guelma, vessels made of ostrich eggshell. Ivory,

VerDate Sep<11>2014 15:46 Aug 15, 2019 Jkt 247001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1 khammond on DSKBBV9HB2PROD with RULES 41912 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Rules and Regulations

bone, and shell were used either alone 2. Wall painting—With figurative function of the United States, as or as inlays in luxury objects, including (deities, humans, animals), floral, and/ described above, and therefore is furniture, chests and boxes, writing and or geometric motifs, as well as funerary specifically exempted by section 3(d)(2) painting equipment, musical scenes. These are painted on stone, mud of Executive Order 12866 and section instruments, games, cosmetic plaster, lime plaster (wet—buon 4(a) of Executive Order 13771. containers, combs, jewelry, amulets, and fresco—and dry—secco fresco), Signing Authority seals. sometimes to imitate marble. 6. Tools—Including bone points and 3. Stucco—A fine plaster used for This regulation is being issued in awls, mounted fish jaws for arrow coating wall surfaces or molding into accordance with 19 CFR 0.1(a)(1) points, and fish hooks. architectural decorations such as reliefs, pertaining to the Secretary of the 7. Manuscripts—Written or painted plaques, steles, and inlays. Treasury’s authority (or that of his/her on specially prepared animal skins G. Textiles, Basketry, and Rope delegate) to approve regulations related (cattle, sheep/goat, camel) known as to customs revenue functions. parchment. They occur in single leaves 1. Textiles—Linen cloth was used in or bound as a book or codex. They date Greco-Roman times for mummy List of Subjects in 19 CFR Part 12 primarily from the late Classical or wrapping, shrouds, garments, and sails. Byzantine periods and later. Islamic period textiles in linen and Cultural property, Customs duties and 8. Human remains—Skeletal remains wool, including garments and hangings. inspection, Imports, Prohibited from the human body, preserved in 2. Basketry—Plant fibers were used to merchandise, Reporting and burials or other contexts. make baskets and containers in a variety recordkeeping requirements. of shapes and sizes, as well as sandals E. Glass, Faience, and Semi-Precious Amendment to CBP Regulations and mats. Stone 3. Rope—Rope and string were used For the reasons set forth above, part 1. Architectural elements—Includes for a great variety of purposes, including 12 of Title 19 of the Code of Federal glass tesserae pieces from floor and wall binding, lifting water for irrigation, Regulations (19 CFR part 12), is mosaics and glass windows. fishing nets, measuring, and stringing amended as set forth below: 2. Vessels and containers—Shapes beads for jewelry and garments. include small jars, bowls, animal PART 12—SPECIAL CLASSES OF shaped, goblet, spherical, candle Inapplicability of Notice and Delayed MERCHANDISE holders, perfume jars (unguentaria), and Effective Date lamps. Ancient examples may be This amendment involves a foreign ■ 1. The general authority citation for engraved and/or colorless or blue, green, affairs function of the United States and part 12 and the specific authority for or orange, while those from the Islamic is, therefore, being made without notice § 12.104g continue to read as follows: period may include animal, floral, and/ or public procedure (5 U.S.C. 553(a)(1)). Authority: 5 U.S.C. 301; 19 U.S.C. 66, or geometric motifs. For the same reason, a delayed effective 1202 (General Note 3(i), Harmonized Tariff 3. Jewelry—Colored beads, including date is not required under 5 U.S.C. Schedule of the United States (HTSUS)), multi-colored eye beads. Glass bracelets, 553(d)(3). 1624; usually in very dark glass, sometimes Regulatory Flexibility Act * * * * * twisted. Sections 12.104 through 12.104i also 4. Lamps—Primarily from the Islamic Because no notice of proposed issued under 19 U.S.C. 2612; rulemaking is required, the provisions period. May have a straight or round * * * * * bulbous body with flared top, and of the Regulatory Flexibility Act (5 several branches. U.S.C. 601 et seq.) do not apply. ■ 2. In § 12.104g, paragraph (a), the table is amended by adding Algeria to the list F. Painting and Plaster Executive Orders 12866 and 13771 in alphabetical order to read as follows: 1. Rock art—Painted and/or incised CBP has determined that this drawings on natural rock surfaces. document is not a regulation or rule § 12.104g Specific items or categories Common motifs include humans, subject to the provisions of Executive designated by agreements or emergency actions. animals, geometric, and/or floral Order 12866 or Executive Order 13771 elements. because it pertains to a foreign affairs (a) * * *

State party Cultural property Decision No.

Algeria ...... Archaeological material representing Algeria’s cultural heritage that is at least 250 CBP Dec. 19–09. years old, dating from the Paleolithic (approximately 2.4 million years ago), Neo- lithic, Classical, Byzantine, and Islamic periods and into the Ottoman period to A.D. 1750.

*******

* * * * *

VerDate Sep<11>2014 15:46 Aug 15, 2019 Jkt 247001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Rules and Regulations 41913

Dated: August 13, 2019. the plant species Papaver somniferum L. schedules. Listing noroxymorphone also Robert E. Perez, that is lawfully defined as ‘‘opium will not affect the aggregate production Deputy Commissioner, U.S. Customs and poppy’’ by 21 U.S.C. 802(19). It is not quota currently established. DEA- Border Protection. an isoquinoline alkaloid, which is registered manufacturers of Approved: categorically excluded from the noroxymorphone previously granted statutory definition of a ‘‘narcotic drug.’’ Timothy E. Skud, individual quotas for such purposes 21 U.S.C. 802(17)(A). Rather, may continue to apply for quota after Deputy Assistant Secretary of the Treasury. noroxymorphone is a phenanthrene this rule is finalized. [FR Doc. 2019–17743 Filed 8–14–19; 4:15 pm] alkaloid with a similar chemical BILLING CODE 9111–14–P structure to other opium and opiate Regulatory Analyses phenanthrene alkaloids listed in 21 CFR Administrative Procedure Act (APA) 1308.12(b)(1), such as hydrocodone, DEPARTMENT OF JUSTICE hydromorphone, dihydroetorphine, Under 5 U.S.C. 553(b)(3)(B), an ethylmorphine, etorphine agency may dispense with notice and Drug Enforcement Administration hydrochloride, metopon, thebaine, comment rulemaking when, for good morphine, codeine, oxycodone, and cause, it ‘‘finds . . . that notice and 21 CFR Part 1308 oxymorphone. Noroxymorphone meets public procedure thereon are [Docket No. DEA–332] the statutory definition of ‘‘opiate’’ as it impracticable, unnecessary, or contrary can be readily converted to other to the public interest.’’ DEA finds that Listing of Noroxymorphone in the morphine-like substances including notice and comment rulemaking is Code of Federal Regulations and oxymorphone, which has an addiction- unnecessary and that good cause exists Assignment of a Controlled forming or addiction-sustaining abuse to dispense with these procedures Substances Code Number liability similar to morphine. Based on because the inclusion of the similarity of the chemical structure noroxymorphone and its DEA AGENCY: Drug Enforcement of noroxymorphone to opium alkaloids Controlled Substances Code Number in Administration, Department of Justice. listed in 21 CFR 1308.12(b)(1), and the the list of schedule II substances in 21 ACTION: Final rule. fact that it is obtained by the chemical CFR 1308.12(b)(1) is ‘‘ ‘a minor or modification of these listed opium merely technical amendment in which SUMMARY: Noroxymorphone is a alkaloids, noroxymorphone is a the public is not particularly derivative of opium and opiates and, as derivative of opium and opiates and a interested.’ ’’ National Nutritional Foods such, is a schedule II controlled schedule II controlled substance as Ass’n v. Kennedy, 572 F.2d 377, 385 (2d substance. The Drug Enforcement defined by 21 U.S.C. 812(a)(1) Schedule Cir. 1978) (quoting S. Rep. No. 79–752, Administration (DEA) has established II and 21 CFR 1308.12(b)(1). at 200 (1945)). See also Utility Solid the use of the Drug Enforcement As provided in 21 CFR 1308.03, each Waste Activities Group v. E.P.A., 236 Administration Code Number 9668 for controlled substance or basic class F.3d 749, 755 (D.C. Cir. 2001) (the tracking noroxymorphone and for thereof is assigned a four digit Drug ‘‘unnecessary’’ prong ‘‘is confined to establishing aggregate production Enforcement Administration Controlled those situations in which the quotas. This rule amends the Code of Substances Code Number that is used to administrative rule is a routine Federal Regulations (CFR) to reflect the track quantities of the controlled determination, insignificant in nature current practice of using the Code substance imported and exported to and and impact, and inconsequential to the Number 9668 for noroxymorphone. This from the United States. Additionally, industry and public’’) (int. quotations rulemaking will list the schedule II DEA uses these Code Numbers in and citation omitted). This rule is a controlled substance noroxymorphone establishing aggregate production quotas ‘‘technical amendment’’ to 21 CFR as a basic class with the Code Number for basic classes of controlled 1308.12(b)(1) as it is ‘‘insignificant in 9668. This rule does not affect the substances listed in schedules I and II nature and impact, and inconsequential control of noroxymorphone as a as required by 21 U.S.C. 826. to the industry and public.’’ schedule II controlled substance. Since 1996, DEA has established an aggregate production quota for Similarly, the APA states that a rule DATES: Effective: August 16, 2019. noroxymorphone using the DEA cannot be made effective less than 30 FOR FURTHER INFORMATION CONTACT: Controlled Substances Code Number days after publication, unless the rule Lynnette Wingert, Diversion Control 9668. In this final rule, DEA is falls under one of three enumerated Division, Drug Enforcement amending the CFR to reflect the current exceptions. One of these exceptions is Administration; Mailing Address: 8701 practice of using the DEA Controlled when an agency provides good cause Morrissette Drive, Springfield, Virginia Substances Code Number 9668 for that compliance would be 22152; Telephone (202) 598–8837. noroxymorphone. Listing impracticable, unnecessary, or contrary SUPPLEMENTARY INFORMATION: noroxymorphone and its DEA to the public interest. 5 U.S.C. 553(d)(3). Noroxymorphone is a schedule II Controlled Substances Code Number in A delayed effective date for this rule is controlled substance defined in the 21 CFR 1308.12(b)(1) does not alter the unnecessary because this rule simply Controlled Substances Act (CSA) by 21 status of noroxymorphone as a Schedule lists the schedule II controlled U.S.C. 812(c), Schedule II (a)(1) and 21 II controlled substance. substance noroxymorphone in 21 CFR CFR 1308.12(b)(1), which control Noroxymorphone already is included as 1308.12(b)(1) as a basic class and ‘‘opium and opiate, and any salt, a Schedule II controlled substance assigns to it the DEA Controlled compound, derivative, or preparation of because 21 CFR 1308.12(b)(1) controls Substances Code Number 9668. This opium or opiate.’’ It meets the statutory any salt, compound, derivative, or rule merely amends the CFR to reflect definition of a ‘‘narcotic drug’’ as stated preparation of the listed substances. the current DEA business practice and in 21 U.S.C. 802(17) as it can be Accordingly, noroxymorphone has been better assist companies in complying obtained from the chemical controlled as a derivative of the listed with registration and quota modification of substances extracted substances and this rule will not result requirements. In addition, this rule does from vegetable origin, specifically from in adding any new substances into the not require those firms that handle

VerDate Sep<11>2014 15:46 Aug 15, 2019 Jkt 247001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1 khammond on DSKBBV9HB2PROD with RULES