51724 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

RS applies to entire entry. A license is 

required for items controlled by this entry for 

export or reexport to Iraq or transfer within 

Iraq for regional stability reasons. The 

Commerce Country Chart is not designed to 

determine RS license requirements for this 

entry. See §§ 742.6 and 746.3 of the EAR for 

additional information. 

* * * * * 

■ 51. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Propulsion Systems, Space Vehicles 

and Related Equipment, Export Control 

Classification Number (ECCN) 9A990 is 

amended by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

Category 9—Propulsion Systems, Space 

Vehicles and Related Equipment 

* * * * * 

9A990 Diesel engines, n.e.s., and tractors 

and specially designed parts therefore, n.e.s. 

License Requirements 

Reason for Control: AT 

Control(s) Country chart 

AT applies to entire entry 

except 9A990.a.

AT Column 1. 

AT applies to 9A990.a only AT Column 2. 

* * * * * 

Dated: August 25, 2006. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 06–7255 Filed 8–30–06; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 06–22] 

RIN 1505–AB72 

Import Restrictions on Byzantine 

Ecclesiastical and Ritual Ethnological 

Material From Cyprus 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Bureau of Customs and Border 

Protection (CBP) regulations by 

reflecting that the bilateral agreement 

between Cyprus and the U.S. to impose 

certain import restrictions on 

archaeological material from Cyprus has 

been amended to include import 

restrictions which had been previously 

imposed on an emergency basis for 

certain Byzantine period ecclesiastical 

and ritual ethnological material. 

DATES: Effective Date: These regulations 

are effective on September 4, 2006. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, George F. McCray, Esq., 

Chief, Intellectual Property Rights and 

Restricted Merchandise Branch, (202) 

572–8710. For operational aspects, 

Michael Craig, Chief, Other Government 

Agencies Branch, (202) 344–1684. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the passage of the Cultural 

Property Implementation Act (19 U.S.C. 

2601 et seq.), import restrictions have 

been imposed on archaeological and 

ethnological artifacts of a number of 

signatory nations. These restrictions 

have been imposed either as a result of 

requests for emergency protection 

received from those nations or pursuant 

to bilateral agreements between the U.S. 

and other countries. 

Pursuant to Article 9 of the 1970 

Convention on the Means of Prohibiting 

and Preventing the Illicit Import, Export 

and Transfer of Ownership of Cultural 

Property, and Sec. 303(a)(3) of the 

Convention on Cultural Property 

Implementation Act (19 U.S.C. 

2602(a)(3)), a State Party to the 1970 

UNESCO Convention, may request that 

the U.S. Government impose import 

restrictions on certain categories of 

archaeological and/or ethnological 

material the pillage of which, if alleged, 

jeopardizes the national cultural 

patrimony. 

Import Restrictions Imposed on an 

Emergency Basis 

On March 4, 1999, and in response to 

the determination that an emergency 

condition applies with respect to certain 

Byzantine ecclesiastical and ritual 

ethnological material from Cyprus, the 

U.S. Government made the 

determination that emergency import 

restrictions be imposed. Accordingly, on 

April 12, 1999, the former United States 

Customs Service published Treasury 

Decision (T.D.) 99–35 in the Federal 

Register (64 FR 17529), which amended 

19 CFR 12.104g(b) to indicate the 

imposition of these emergency import 

restrictions. In that Treasury Decision, a 

list designating the types of ethnological 

materials covered by these restrictions 

for a five-year period, is set forth. 

These emergency import restrictions 

were later extended by CBP Dec. 03–25 

for an additional three-year period. (See 

68 FR 51903, August 29, 2003). These 

emergency import restrictions are 

scheduled to expire on September 4, 

2006. 

Import Restrictions Imposed Pursuant 

to Bilateral Agreement 

Pursuant to the provisions of the 1970 

United Nations Educational, Scientific 

and Cultural Organization (UNESCO) 

Convention, codified into U.S. law as 

the Convention on Cultural Property 

Implementation Act (Pub. L. 97–446, 19 

U.S.C. 2601 et seq.), the United States 

entered into a bilateral agreement with 

Cyprus on July 16, 2002, concerning the 

imposition of import restrictions on 

archeological material originating in 

Cyprus and representing the preClassical and Classical periods. On July 

19, 2002, the former United States 

Customs Service published T.D. 02–37 

in the Federal Register (67 FR 47447), 

which amended 19 CFR 12.104g(a) to 

indicate the imposition of these 

restrictions and included a list 

designating the types of archaeological 

material covered by the restrictions. The 

articles that were subject to emergency 

restrictions in 1999 were not included 

in the original list designated pursuant 

to the bilateral agreement. 

Amended Bilateral Agreement 

Since the emergency import 

restrictions on the Byzantine materials 

is due to expire on September 4, 2006, 

the Republic of Cyprus requested, 

through diplomatic channels, that the 

Byzantine materials that have been 

protected by the emergency action 

continue to be protected in the future by 

amending the existing bilateral 

agreement. 

After reviewing the findings and 

recommendations of the Cultural 

Property Advisory Committee, the 

Assistant Secretary for Educational and 

Cultural Affairs, United States 

Department of State, concluded that the 

cultural heritage of Cyprus continues to 

be in jeopardy from the pillage of 

certain Byzantine ecclesiastical and 

ritual ethnological materials ranging in 

date from approximately the 4th century 

A.D. through approximately the 15th 

century A.D. from Cyprus. 

On August 11, 2006, the Republic of 

Cyprus and the U.S. Government 

amended the bilateral agreement of July 

16, 2002, pursuant to the provisions of 

19 U.S.C. 2602 and Article 4(b) of the 

agreement, by including the list of 

Byzantine ecclesiastical and ritual 

ethnological material that were 

protected pursuant to the emergency 


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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 51725 

action in the list of articles protected in 

the bilateral agreement. Please note that 

this amended bilateral agreement will 

expire on July 19, 2007, unless extended 

by the State Parties. 

Regulatory Action 

Accordingly, CBP is amending 19 CFR 

12.104g(b) to remove the abovereferenced Byzantine materials from 

Cyprus from the list of import 

restrictions imposed by emergency 

action, and to reference these materials 

under the listing of cultural property 

(§ 12.104g(a)) protected pursuant to 

bilateral agreement. 

Lists of Protected Designated Articles 

The Designated List of articles that are 

otherwise protected pursuant to the 

bilateral agreement on archeological 

material originating in Cyprus and 

representing the pre-Classical and 

Classical periods ranging approximately 

from the 8th millennium B.C. to 330 

A.D. is found in T.D. 02–37. 

The Designated List of Byzantine 

Ecclesiastical and Ritual Ethnological 

Material from Cyprus which is now 

encompassed within the bilateral 

agreement is set forth below. 

List of Ecclesiastical and Ritual 

Ethnological Material From Cyprus 

Representing the Byzantine Period 

Ecclesiastical and ritual ethnological 

material from Cyprus representing the 

Byzantine period dating from 

approximately the 4th century A.D. 

through the 15th century A.D., includes 

the categories listed below. The 

following list is representative only. 

I. Metal 

A. Bronze 

Ceremonial objects include crosses, 

censers (incense burners), rings, and 

buckles for ecclesiastical garments. The 

objects may be decorated with engraved 

or modeled designs or Greek 

inscriptions. Crosses, rings and buckles 

are often set with semi-precious stones. 

B. Lead 

Lead objects date to the Byzantine 

period and include ampulla (small 

bottle-shaped forms) used in religious 

observance. 

C. Silver and Gold 

Ceremonial vessels and objects used 

in ritual and as components of church 

treasure. Ceremonial objects include 

censers (incense burners), book covers, 

liturgical crosses, archbishop’s crowns, 

buckles, and chests. These are often 

decorated with molded or incised 

geometric motifs or scenes from the 

Bible, and encrusted with semi-precious 

or precious stones. The gems themselves 

may be engraved with religious figures 

or inscriptions. Church treasure may 

include all of the above, as well as rings, 

earrings, and necklaces (some decorated 

with ecclesiastical themes) and other 

implements (e.g., spoons). 

II. Wood 

Artifacts made of wood are primarily 

those intended for ritual or 

ecclesiastical use during the Byzantine 

period. These include painted icons, 

painted wood screens (iconstasis), 

carved doors, crosses, painted wooded 

beams from churches or monasteries, 

thrones, chests and musical 

instruments. Religious figures (Christ, 

the Apostles, the Virgin, and others) 

predominate in the painted and carved 

figural decoration. Ecclesiastical 

furniture and architectural elements 

may also be decorated with geometric or 

floral designs. 

III. Ivory and Bone 

Ecclesiastical and ritual objects of 

ivory and bone boxes, plaques, 

pendants, candelabra, stamp rings, 

crosses. Carved and engraved decoration 

includes religious figures, scenes from 

the Bible, and floral and geometric 

designs. 

IV. Glass 

Ecclesiastical objects such as lamps 

and ritual vessels. 

V. Textiles—Ritual Garments 

Ecclesiastical garments and other 

ritual textiles from the Byzantine 

period. Robes, vestments and altar 

clothes are often of a fine fabric and 

richly embroidered in silver and gold. 

Embroidered designs include religious 

motifs and floral and geometric designs. 

VI. Stone 

A. Wall Mosaics 

Dating to the Byzantine period, wall 

mosaics are found in ecclesiastical 

buildings. These generally portray 

images of Christ, Archangels, and the 

Apostles in scenes of Biblical events. 

Surrounding panels may contain 

animal, floral, or geometric designs. 

B. Floor Mosaics 

Floor mosaics from ecclesiastical 

contexts. Examples include the mosaics 

at Nea Paphos, Kourion, Kouklia, 

Chrysopolitissa Basilica 

andCampanopetra Basilica. Floor 

mosaics may have animal, floral, 

geometric designs, or inscriptions. 

VII. Frescoes/Wall Paintings 

Wall paintings from the Byzantine 

period religious structures (churches, 

monasteries, chapels, etc.) Like the 

mosaics, wall paintings generally 

portray images of Christ, Archangels, 

and the Apostles in scenes of Biblical 

events. Surrounding paintings may 

contain animal, floral, or geometric 

designs. 

More information on import 

restrictions can be obtained from the 

International Cultural Property 

Protection Web site (http:// 

exchanges.state.gov/culprop). 

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 (5 U.S.C. 553(a)(1)). 

In addition, CBP has determined that 

such notice or public procedure would 

be impracticable and contrary to the 

public interest because the action being 

taken is essential to avoid interruption 

of the application of the existing import 

restrictions (5 U.S.C. 553(b)(B)). For the 

same reasons, pursuant to 5 U.S.C. 

553(d)(3), a delayed effective date is not 

required. 

Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

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

Executive Order 12866 

This amendment does not meet the 

criteria of a ‘‘significant regulatory 

action’’ as described in Executive Order 

12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise. 

Amendment to CBP Regulations 

■ For the reasons set forth above, part 12 

of Title 19 of the Code of Federal 

Regulations (19 CFR part 12), is 

amended as set forth below: 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 12.104g continue to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS)), 

1624; 

* * * * * 


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51726 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Rules and Regulations 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

■ 2. In § 12.104g, paragraph (a), the 

entry for Cyprus in the table of list of 

agreements imposing import restrictions 

on described articles of cultural 

property of State Parties is revised to 

read as follows: 

§ 12.104g Specific items or categories 

designated by agreements or emergency 

actions. 

(a) * * * 

State party Cultural property Decision No. 

* * * * * * * 

Cyprus ............................................ Archaeological Material of pre-Classical and Classical periods ranging 

approximately from the 8th millennium B.C. to 330 A.D. and ecclesiastical and ritual ethnological material representing the Byzantine 

period ranging from approximately the 4th century A.D. through approximately the 15th century A.D.

T.D. 02–37, as amended by CBP 

Dec. 06–22. 

* * * * * * * 

* * * * * 

■ 3. In § 12.104g, paragraph (b), the 

table of the list of agreements imposing 

emergency import restrictions on 

described articles of cultural property of 

State Parties is amended by removing 

the entry for Cyprus, but by retaining 

the table headings. 

Approved: August 25, 2006. 

Deborah J. Spero, 

Acting Commissioner, Bureau of Customs and 

Border Protection. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 06–7266 Filed 8–30–06; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. 1994P–0036] (Formerly 94P–

0036) 

Nutrition Labeling of Dietary 

Supplements; Technical Amendment 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending its 

nutrition labeling of dietary 

supplements regulations. This action is 

being taken to ensure the accuracy of 

FDA’s regulations. 

DATES: This rule is effective August 31, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Susan Thompson, Center for Food 

Safety and Applied Nutrition (HFS–

810), Food and Drug Administration, 

5100 Paint Branch Pkwy., College Park, 

MD 20740, 301–436–1784, FAX: 301–

436–2639, or e-mail: 

Susan.Thompson@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of July 11, 2003 (68 FR 

41434), FDA published a final rule 

entitled ‘‘Food Labeling: Trans Fatty 

Acids in Nutrition Labeling, Nutrient 

Content Claims, and Health Claims’’

(the trans fat rule). Among other things, 

the final rule amended § 101.36(b)(2)(i) 

(21 CFR 101.36(b)(2)(i)) by incorporating 

‘‘trans fat’’ as a dietary ingredient that 

must be declared in the nutrition label 

of a dietary supplement when it is 

present in a dietary supplement in 

quantitative amounts by weight that 

exceed the amount that can be declared 

as zero in nutrition labeling of foods in 

accordance with § 101.9(c) (21 CFR 

101.9(c)). Other than the addition of 

‘‘trans fat’’ to the list of dietary 

ingredients subject to the requirements 

in § 101.36(b)(2)(i) (21 CFR 

101.36(b)(2)(i)), no other changes to that 

section were proposed or finalized. 

However, in making this revision, 

requirements for dietary ingredients set 

forth in § 101.36(b)(2)(i) that were not 

affected by the addition of the term 

‘‘trans fat’’ in that section were 

inadvertently deleted. The text of the 

requirements that were inadvertently 

removed from this section was ‘‘Calories 

from saturated fat and polyunsaturated 

fat, monounsaturated fat, soluble fiber, 

insoluble fiber, sugar alcohol, and other 

carbohydrate may be declared, but they 

shall be declared when a claim is made 

about them. Any other vitamins or 

minerals listed in § 101.9(c)(8)(iv) or 

(c)(9) may be declared, but they shall be 

declared when they are added to the 

product for purposes of 

supplementation, or when a claim is 

made about them. Any (b)(2)-dietary 

ingredients that are not present, or that 

are present in amounts that can be 

declared as zero in § 101.9(c), shall not 

be declared (e.g., amounts 

corresponding to less than 2 percent of 

the RDI for vitamins and minerals). 

Protein shall not be declared on labels 

of products that, other than ingredients 

added solely for technological reasons, 

contain only individual amino acids.’’

Accordingly, because this regulation is 

not currently accurate, FDA is 

publishing this amendment to 

§ 101.36(b)(2)(i) to ensure that it 

complete and accurate by restoring to 

the regulation the text of the 

requirements that were inadvertently 

deleted as a consequence of the revision 

introduced by the trans fat rule. 

List of Subjects in 21 CFR Part 101 

Food labeling, Nutrition, Reporting 

and recordkeeping requirements. 

PART 101—FOOD LABELING 

■ 1. The authority citation for 21 CFR 

part 101 continues to read as follows: 

Authority: 15 U.S.C. 1453, 1454, 1455; 21 

U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. 

243, 264, 271. 

■ 2. In § 101.36, revise paragraph 

(b)(2)(i) to read as follows: 

§ 101.36 Nutrition labeling of dietary 

supplements. 

* * * * * 

(b) * * * 

(2) * * * 

(i) The (b)(2)-dietary ingredients to be 

declared, that is, total calories, calories 

from fat, total fat, saturated fat, trans fat, 

cholesterol, sodium, total carbohydrate, 

dietary fiber, sugars, protein, vitamin A, 

vitamin C, calcium and iron, shall be 

declared when they are present in a 

dietary supplement in quantitative 

amounts by weight that exceed the 

amount that can be declared as zero in 

nutrition labeling of foods in accordance 

with § 101.9(c). Calories from saturated 

fat and polyunsaturated fat, 

monounsaturated fat, soluble fiber, 

insoluble fiber, sugar alcohol, and other 

carbohydrate may be declared, but they 


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