Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 2255 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 21–01] 

RIN 1515–AE59 

Extension of Import Restrictions 

Imposed on Categories of 

Archaeological Material of Italy 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends U.S. 

Customs and Border Protection (CBP) 

regulations to reflect an extension of 

import restrictions on certain categories 

of archaeological material of the Italian 

Republic (Italy). The restrictions, which 

were originally imposed by Treasury 

Decision 01–06 and last extended by 

CBP Decision (CBP Dec.) 16–02, are due 

to expire on January 12, 2021. The 

Assistant Secretary for Educational and 

Cultural Affairs, United States 

Department of State, has made the 

requisite determination for extending 

the import restrictions that previously 

existed and entered into a new 

Memorandum of Understanding (MOU) 

with Italy to reflect the extension of 

these import restrictions. The new MOU 

supersedes the existing MOU that was 

entered into on January 19, 2001, and 

previously extended, most recently until 

January 12, 2021. Accordingly, these 

import restrictions will remain in effect 

for an additional five years, and the CBP 

regulations are being amended to reflect 

this extension until January 12, 2026. 

CBP Dec. 11–03 contains the amended 

Designated List of archaeological 

material of Italy to which the 

restrictions apply. 

DATES: Effective on January 12, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, Lisa L. Burley, Chief, 

Cargo Security, Carriers and Restricted 

Merchandise Branch, Regulations and 

Rulings, Office of Trade, (202) 325– 

0300, ot-otrrculturalproperty@

cbp.dhs.gov. For operational aspects, 

Genevieve S. Dozier, Management and 

Program Analyst, Commercial Targeting 

and Analysis Center, Trade Policy and 

Programs, Office of Trade, (202) 945– 

2942, CTAC@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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 (823 

U.N.T.S. 231 (1972)), the United States 

entered into a bilateral agreement with 

the Italian Republic (Italy) on January 

19, 2001, concerning the imposition of 

import restrictions on archaeological 

material representing the pre-Classical, 

Classical, and Imperial Roman periods 

(‘‘the prior MOU’’). 

On January 23, 2001, the former U.S. 

Customs Service (now U.S. Customs and 

Border Protection (CBP)) published 

Treasury Decision 01–06 in the Federal 

Register (66 FR 7399), which amended 

§ 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 covering 

certain types of archaeological material. 

Import restrictions listed in 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 final rule was published on 

January 23, 2001, the import restrictions 

that became effective on January 19, 

2001, have been extended three times 

pursuant to exchanges of diplomatic 

notes as reflected in subsequent final 

rules. First, on January 19, 2006, CBP 

published CBP Decision (CBP Dec.) 06– 

01 in the Federal Register (71 FR 3000) 

which amended 19 CFR 12.104g(a) to 

reflect the extension for an additional 

period of five years. Second, on January 

19, 2011, CBP published CBP Dec. 11– 

03 in the Federal Register (76 FR 3012) 

to extend the import restrictions for an 

additional five-year period. CBP Dec. 

11–03 also reflects an amendment to the 

Designated List to include the 

subcategory ‘‘Coins of Italian Types’’ as 

part of the category entitled ‘‘Metal,’’ 

pursuant to 19 U.S.C. 2604. Third, on 

January 15, 2016, CBP published CBP 

Dec. 16–02 in the Federal Register (81 

FR 2086) to further extend the import 

restrictions. This extension was 

pursuant to the exchange of diplomatic 

notes that took place between the 

United States and Italy, with entry into 

force on January 12, 2016, thus the 

extension of the import restrictions was 

implemented for an additional five-year 

period ending on January 12, 2021. See 

19 CFR 12.104g(a); 81 FR 2086. 

On September 29, 2020, the Assistant 

Secretary for Educational and Cultural 

Affairs, United States Department of 

State, after consultation with and 

recommendation by the Cultural 

Property Advisory Committee, 

determined that the cultural heritage of 

Italy continues to be in jeopardy from 

pillage of certain archaeological material 

representing the pre-Classical, Classical, 

and Imperial Roman periods and that 

the import restrictions should be 

extended for an additional five years. 

Subsequently, a new MOU was 

concluded between the United States 

and Italy on October 29, 2020. The new 

MOU supersedes and replaces the prior 

MOU of January 19, 2001, as amended 

and extended. The new MOU extends 

the import restrictions that went into 

effect under the prior MOU, as amended 

and extended, for five years from entry 

into force of the new MOU on January 

12, 2021. The new MOU is titled: 

‘‘Memorandum of Understanding 

between the Government of the United 

States of America and the Government 

of the Italian Republic Concerning the 

Imposition of Import Restrictions on 

Categories of Archaeological Material of 

Italy.’’ Accordingly, CBP is amending 19 

CFR 12.104g(a) to reflect the extension 

of the import restrictions. 

The restrictions on the importation of 

categories of archaeological material of 

Italy are to continue in effect until 

January 12, 2026. Importation of such 

materials from Italy continues to be 

restricted until that date unless the 

conditions set forth in 19 U.S.C. 2606 

and 19 CFR 12.104c are met. 

The Designated List of pre-Classical, 

Classical and Imperial Roman period 

archaeological material from Italy 

covered by these import restrictions is 

set forth in CBP Dec. 11–03. 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 materials for ‘‘Italy.’’ 

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). 


khammond on DSKJM1Z7X2PROD with RULES
2256 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) do not apply. 

Executive Orders 12866 and 13771 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 or Executive Order 13771 

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 and section 

4(a) of Executive Order 13771. 

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. 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise, and Reporting and 

recordkeeping requirements. 

Amendments to the 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; 

* * * * * 

§ 12.104g [Amended] 

■ 2. In § 12.104g, amend the table in 

paragraph (a), in the entry for Italy, by 

removing the words ‘‘CBP Dec. 16–02’’ 

and adding in their place the words 

‘‘CBP Dec. 21–01’’. 

Mark A. Morgan, the Chief Operating 

Officer and Senior Official Performing 

the Duties of the Commissioner, having 

reviewed and approved this document, 

is delegating the authority to 

electronically sign this notice 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. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

Approved: January 7, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2021–00499 Filed 1–11–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2020–0652] 

RIN 1625–AA87 

Security Zone; Potomac River and 

Anacostia River, and Adjacent Waters; 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Enforcement of 

Regulation. 

SUMMARY: The Coast Guard will enforce 

a security zone along the Potomac River 

and Anacostia River, and adjacent 

waters at Washington, DC, for activities 

associated with the 59th Presidential 

Inauguration. The zone will be enforced 

on the days leading up to and through 

the cessation of activities associated 

with the 59th Presidential Inauguration 

taking place on January 20, 2021. This 

action is necessary to protect 

government officials, mitigate potential 

terrorist acts and incidents, and enhance 

public and maritime safety and security 

immediately before, during, and after 

these activities. During the enforcement 

period, entry into or remaining within 

the zone is prohibited unless authorized 

by the Captain of the Port or his 

designated representative. 

DATES: The regulations in 33 CFR 

165.508 will be enforced from 8 a.m. on 

January 17, 2021, through 8 a.m. on 

January 25, 2021, for the zone identified 

in 33 CFR 165.508(a)(6). 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Shaun 

Landante, U.S. Coast Guard Sector 

Maryland-National Capital Region 

(Waterways Management Division); 

telephone 410–576–2570, email 

Shaun.C.Landante@uscg.mil. 

SUPPLEMENTARY INFORMATION: On 

October 2, 2020, the Coast Guard was 

notified by the event organizer that the 

anticipated dates for the activities 

associated with the 59th Presidential 

Inauguration are scheduled from 

January 17, 2021, to January 25, 2021. 

The Coast Guard will enforce 

regulations in 33 CFR 165.508 for the 

zone identified in paragraph (a)(6). This 

action is being taken to protect 

government officials, mitigate potential 

terrorist acts and incidents, and enhance 

public and maritime safety and security 

immediately before, during, and after 

this event. 

Our regulations for Security Zone; 

Potomac River and Anacostia River, and 

adjacent waters; Washington, DC, 

§ 165.508, specifies the location for this 

security zone as an area that includes all 

navigable waters described in 

paragraphs (a)(1) through (a)(3). This 

zone includes (1) Security Zone 1; all 

navigable waters of the Potomac River, 

from shoreline to shoreline, bounded to 

the north by the Francis Scott Key (US– 

29) Bridge, at mile 113, and bounded to 

the south by a line drawn from the 

Virginia shoreline at Ronald Reagan 

Washington National Airport, at 

38°51′21.3′′ N, 077°02′00.0′′ W, eastward 

across the Potomac River to the District 

of Columbia shoreline at Hains Point at 

position 38°51′24.3′′ N, 077°01′19.8′′ W, 

including the waters of the Boundary 

Channel, Pentagon Lagoon, Georgetown 

Channel Tidal Basin, and Roaches Run. 

(2) Security Zone 2; all navigable waters 

of the Anacostia River, from shoreline to 

shoreline, bounded to the north by the 

John Philip Sousa (Pennsylvania 

Avenue) Bridge, at mile 2.9, and 

bounded to the south by a line drawn 

from the District of Columbia shoreline 

at Hains Point at position 38°51′24.3′′ N, 

077°01′19.8′′ W, southward across the 

Anacostia River to the District of 

Columbia shoreline at Giesboro Point at 

position 38°50′52.4′′ N, 077°01′10.9′′ W, 

including the waters of the Washington 

Channel. (3) Security Zone 3 all 

navigable waters of the Potomac River, 

from shoreline to shoreline, bounded to 

the north by a line drawn from the 

Virginia shoreline at Ronald Reagan 

Washington National Airport, at 

38°51′21.3′′ N, 077°02′00.0′′ W, eastward 

across the Potomac River to the District 

of Columbia shoreline at Hains Point at 

position 38°51′24.3′′ N, 077°01′19.8′′ W, 

thence southward across the Anacostia 

River to the District of Columbia 

shoreline at Giesboro Point at position 

38°50′52.4′′ N, 077°01′10.9′′ W, and 

bounded to the south by the Woodrow 

Wilson Memorial (I–95/I–495) Bridge, at 

mile 103.8. 

As specified in § 165.508 (b), during 

the enforcement period, entry into or 

remaining in the zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Maryland-National 


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