Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51771

b. In paragraph (e)(3), the reference

‘‘General Statistical Note 1(b)(V)’’ is

revised to read ‘‘General Statistical Note

1(b)(ii)’’.

§ 141.69 [Amended]

7. In § 141.69, at the end of paragraph

(a), the reference ‘‘§ 141.68(f)’’ is revised

to read ‘‘§ 141.68(g)’’.

§ 141.83 [Amended]

8. In § 141.83, paragraph (d)(1) is

removed and reserved.

§ 141.89 [Amended]

9. In § 141.89, under paragraph (a), in

the product listings for machine tools,

the reference in item (4) to ‘‘Subheading

8457.10.0010 through 8457.10.0050’’ is

revised to read ‘‘Subheading

8457.10.00’’.

§ 141.112 [Amended]

10. In § 141.112, in paragraph (f), the

reference ‘‘158.10’’ is revised to read

‘‘158.44’’.

PART 143—SPECIAL ENTRY

PROCEDURES

1. The authority citation for part 143

continues to read as follows:

Authority: 19 U.S.C. 66, 1481, 1484, 1498,

1624.

§ 143.1 [Amended]

2. In § 143.1, in paragraph (b), the

reference ‘‘§ 101.1(l)’’ is revised to read

‘‘§ 101.1’’.

PART 148—PERSONAL

DECLARATIONS AND EXEMPTIONS

1. The authority citation for part 148

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1496, 1498, 1624.

The provisions of this part, except for subpart

C, are also issued under 19 U.S.C. 1202

(General Note 20, Harmonized Tariff

Schedule of the United States).

* * * * *

§ 148.41 [Amended]

2. In § 148.41, the reference

‘‘subheading 9804.00.20’’ is revised to

read ‘‘subheading 9804.00.40’’.

PART 151—EXAMINATION,

SAMPLING, AND TESTING OF

MERCHANDISE

1. The authority citation for part 151

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1202 (General

Notes 20 and 21, Harmonized Tariff Schedule

of the United States (HTSUS)), 1624. Subpart

A also issued under 19 U.S.C. 1499.

* * * * *

§ 151.4 [Amended]

2. In § 151.4, paragraph (b)(2) is

removed and reserved.

PART 152—CLASSIFICATION AND

APPRAISEMENT OF MERCHANDISE

1. The authority citation for part 152

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1401a, 1500, 1502,

1624.

* * * * *

2. The specific authority citation for

Subpart D is removed.

3. The specific authority citation for

§§ 152.13 and 152.24 is amended by

removing the words ‘‘Sections 152.13

and 152.24’’ and adding, in their place,

the words ‘‘Section 152.13’’.

§ 152.102 [Amended]

4. In § 152.102:

a. In paragraph (j)(2), the reference

‘‘§ 152.103(j)(2)(iv)’’ is revised to read

‘‘§ 152.103(j)(2)(ii)’’; and

b. In paragraph (k), the reference

‘‘§ 151.105(c)(3)’’ is revised to read

‘‘§ 152.105(c)(3)’’.

PART 159—LIQUIDATION OF DUTIES

1. The authority citation for part 159

is revised to read as follows:

Authority: 19 U.S.C. 66, 1500, 1504, 1624.

Subpart C also issued under 31 U.S.C. 5151.

§ 159.33 [Amended]

2. In § 159.33, in the first sentence,

the reference ‘‘31 U.S.C. 372(a)’’ is

revised to read ‘‘31 U.S.C. 5151(b)’’.

§ 159.35 [Amended]

3. In § 159.35, in the first sentence,

the reference ‘‘31 U.S.C. 372(c)(2)’’ is

revised to read ‘‘31 U.S.C. 5151(e)’’.

§ 159.43 [Amended]

4. In § 159.43, at the beginning of the

first sentence, the word ‘‘Additional’’ is

removed.

PART 171—FINES, PENALTIES, AND

FORFEITURES

1. The authority citation for part 171

continues to read in part as follows:

Authority: 19 U.S.C. 66, 1592, 1618, 1624.

* * * * *

Appendix C to Part 171 [Amended]

2. In Appendix C to Part 171, in

section II, at the end of paragraph E.2.,

the reference ‘‘19 CFR 141.133’’ is

revised to read ‘‘19 CFR 141.33’’.

PART 177—ADMINISTRATIVE

RULINGS

1. The general authority citation for

part 177 is revised to read as follows:

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

(General Note 20, Harmonized Tariff

Schedule of the United States), 1624.

* * * * *

§ 177.2 [Amended]

2. In § 177.2, the first sentence of

paragraph (b)(2)(iii) is amended by

removing the words ‘‘subparts C and D

of part 152’’ and adding, in their place,

the words ‘‘subpart C of part 152’’.

PART 191—DRAWBACK

1. The authority citation for part 191

continues to read in part as follows:

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

(General Note 20, Harmonized Tariff

Schedule of the United States), 1313, 1624.

* * * * *

Sections 191.131(a), 191.133, 191.137,

191.139 also issued under 19 U.S.C. 1557;

* * * * *

§ 191.91 [Amended]

2. In § 191.91, the reference

‘‘§ 191.4(a)(10)’’ at the end within the

parentheses is revised to read

‘‘§ 191.4(a)(12)’’.

§ 191.131 [Amended]

3. In § 191.131, at the end of

paragraph (a), the reference

‘‘§ 191.4(a)(11)’’ within the parentheses

is revised to read ‘‘§ 191.4(a)(13)’’.

§ 191.161 [Amended]

4. In § 191.161:

a. The words ‘‘fourth provision’’ are

removed and the words ‘‘fourth

proviso’’ are added in their place; and

b. The reference ‘‘§ 191.4(a)(12)’’ at

the end within the parentheses is

revised to read ‘‘§ 191.4(a)(14)’’.

George J. Weise,

Commissioner of Customs.

Approved: August 20, 1997.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 97–26220 Filed 10–2–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR PART 12

[T.D. 97–81]

RIN 1515–AC24

Import Restrictions Imposed on

Archaeological Artifacts From

Guatemala

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations to reflect the

imposition of import restrictions on preColumbian culturally significant
51772 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

archaeological artifacts of Maya material

from the Peten Lowlands, and related

pre-Columbian material from the

Highlands and the Southern Coast of

Guatemala. These restrictions are being

imposed pursuant to an agreement

between the United States and

Guatemala that has been entered into

under the authority of the Convention

on Cultural Property Implementation

Act in accordance with the 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. The document also contains

the Designated List of Archaeological

Material that describes the articles to

which the restrictions apply. These

import restrictions imposed pursuant to

the bilateral agreement between the

United States and Guatemala continue

the import restrictions that were

imposed on an emergency basis in 1991.

Accordingly, this document amends the

Customs Regulations by removing

Guatemala from the listing of countries

for which emergency actions imposed

the import restrictions and adding

Guatemala to the list of countries for

which an agreement has been entered

into for imposing import restrictions.

EFFECTIVE DATE: October 3, 1997.

FOR FURTHER INFORMATION CONTACT:

(Legal Aspects) Donnette Rimmer,

Intellectual Property Rights Branch

(202) 482–6960; (Operational Aspects)

Joan E. Sebanaler, Trade Operations

(202) 927–0402.

SUPPLEMENTARY INFORMATION:

Background

The value of cultural property,

whether archaeological or ethnological

in nature, is immeasurable. Such items

often constitute the very essence of a

society and convey important

information concerning a people’s

origin, history, and traditional setting.

The importance and popularity of such

items regrettably makes them targets of

theft, encourages clandestine looting of

archaeological sites, and results in their

illegal export and import.

The U.S. shares in the international

concern for the need to protect

endangered cultural property. The

appearance in the U.S. of stolen or

illegally exported artifacts from other

countries where there has been pillage

has, on occasion, strained our foreign

and cultural relations. This situation,

combined with the concerns of

museum, archaeological, and scholarly

communities, was recognized by the

President and Congress. It became

apparent that it was in the national

interest for the U.S. to join with other

countries to control illegal trafficking of

such articles in international commerce.

The U.S. joined international efforts

and actively participated in

deliberations resulting in the 1970

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)). U.S. acceptance of

the 1970 UNESCO Convention was

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 Act’’). This

was done to promote U.S. leadership in

achieving greater international

cooperation towards preserving cultural

treasures that are of importance not only

to the nations whence they originate,

but also to greater international

understanding of mankind’s common

heritage. The U.S. is, to date, the only

major art importing country to

implement the 1970 Convention.

During the past several years, import

restrictions have been imposed on an

emergency basis on archaeological and

ethnological artifacts of a number of

signatory nations as a result of requests

for protection received from those

nations as well as pursuant to bilateral

agreements between the United States

and other countries.

Guatemala has been one of the

countries whose archaeological material

has been afforded emergency protection.

In T.D. 91–34, § 12.104g(b), Customs

Regulations, (19 CFR 12.104g(b)) was

amended to reflect that archaeological

material from the Peten Archaeological

Region of Guatemala received import

protection under the emergency

protection provisions of the Act.

Import restrictions are now being

imposed on archaeological artifacts of

Maya material from the Peten Lowlands,

and related pre-Columbian material

from the Highlands and the Southern

Coast of Guatemala as the result of a

bilateral agreement entered into

between the United States and

Guatemala. This agreement was entered

into on September 29, 1997, pursuant to

the provisions of 19 U.S.C. 2602.

Protection of the archaeological material

of Maya material from the Peten

Lowlands, and related pre-Columbian

material from the Highlands and the

Southern Coast of Guatemala previously

reflected in § 12.104g(b) will be

continued through the bilateral

agreement without interruption.

Accordingly, § 12.104g(a) of the

Customs Regulations is being amended

to indicate that restrictions have been

imposed pursuant to the agreement

between the United States and

Guatemala and the emergency import

restrictions on certain archaeological

material from Guatemala is being

removed from § 12.104g(b) as those

restrictions are now encompassed in

§ 12.104g(a).

Material and Sites Encompassed in

Import Restrictions

In reaching the decision to

recommend that negotiations for an

agreement with Guatemala should be

undertaken to continue the imposition

of import restrictions on certain

archaeological material from the Peten

Lowlands, and related pre-Columbian

material from the Highlands and the

Southern Coast of Guatemala, the

Deputy Director of the United States

Information Agency made a

determination that the cultural

patrimony of Guatemala continues to be

in jeopardy from pillage of irreplaceable

materials representing Guatemala

heritage and that the pillage is endemic

and substantially documented with

respect to Maya material from sites in

the Peten Lowlands of Guatemala, and

related pre-Columbian material from the

Highlands and the Southern Coast of

Guatemala. The Deputy Director listed

the following archaeological material as

those that are in need of protection:

Material: Archaeological material

from sites in the Peten Lowlands of

Guatemala, and related pre-Columbian

material from the Highlands and the

Southern Coast of Guatemala. This

archaeological material includes, but is

not limited to: ceramic vessels and

forms; jade or green stone, possibly with

traces of red pigment; shell; and bone.

These import restrictions are in

addition to similar restrictions imposed

by the 1972 Pre-Columbian Monumental

or Architectural Sculpture or Murals

Statute (19 U.S.C 2091–2095), which

has denied entry into the United States

of segments of pre-Columbian

monuments and stelae since May 2,

1973.

Designated List

The bilateral agreement between

Guatemala and the United States covers

the material set forth in a Designated

List of Archaeological Material from

sites in the Peten Lowlands of

Guatemala, and related pre-Columbian

material from the Highlands and the

Southern Coast of Guatemala, which is

set forth below. Importation of articles

on this list is restricted unless the

articles are accompanied by

documentation certifying that the

material left Guatemala legally and not

in violation of the export laws of

Guatemala.
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51773

Archaeological Material From Sites in

the Peten Lowlands of Guatemala, and

Related Pre-Columbian Material From

the Highlands and the Southern Coast

of Guatemala

The following categories of material

are restricted from importation into the

U.S. unless accompanied by a verifiable

export certificate issued by the

Government of Guatemala—

archaeological material from sites in the

Peten Lowlands of Guatemala, and

related pre-Columbian material from the

Highlands and the Southern Coast of

Guatemala, that includes, but is not

limited to, the categories listed below.

As this region is further excavated, other

types of material may be found and

added to an amended list. The following

list is representative only. Any

dimensions are approximate.

CHRONOLOGICAL TABLE

Stage Substage Dates

Preclassic Stage .................................................................................................................. Early Preclassic .............. 2000/1500 B.C.–600 B.C.

Preclassic ....................... 600 B.C.–400 B.C.

Late Preclassic ............... 400 B.C.–250 A.D.

Classic Stage ....................................................................................................................... Early Classic ................... 250 A.D.–550 A.D

Late Classic .................... 550 A.D.–900 A.D.

Postclassic Stage ................................................................................................................ Early Postclassic ............ 900 A.D.–1250 A.D.

Late Postclassic .............. 1250 A.D.–1524 A.D.

Designated List Of Materials

I. Ceramic/Terracotta/Fired Clay—A

wide variety of decorative techniques

are used on all shapes: fluting, gouged

or incised lines and designs, modeled

carving, and painted polychrome or

bichrome designs of human or animal

figures, mythological scenes or

geometric motifs. Small pieces of clay

modeled into knobs, curls, faces, etc.,

are often applied to the vessels. Bowls

and dishes may have lids or tripod feet.

A. Common Vessels.

1. Vases—(10–25 cm ht).

2. Bowls—(8–15 cm ht).

3. Dishes and plates—(27–62 cm

diam).

4. Jars—(12.5–50 cm ht).

B. Special Forms.

1. Drums—polychrome painted and

plain (35–75 cm ht).

2. Figurines—human and animal form

(6–15 cm ht).

3. Whistles—human and animal form

(5–10 cm ht).

4. Rattles—human and animal form

(5–7 cm ht).

5. Miniature vessels—(5–10 cm ht).

6. Stamps and seals—engraved

geometric design, various sizes and

shapes.

7. Effigy vessels—in human or animal

form (16–30 cm ht).

8. Incense burners—elaborate painted,

applied and modeled decoration in form

of human figures (25–50 cm ht).

II. Stone (jade, obsidian, flint,

alabaster/calcite, limestone, slate, and

other).

A. Figurines—human and animal (7–25

cm ht).

B. Masks—incised decoration and inlaid

with shell, human and animal faces

(20–25 cm length).

C. Jewelry—various shapes and sizes.

1. Pendants.

2. Earplugs.

3. Necklaces.

D. Stelae, Ritual Objects, Architectural

Elements—Carved in low relief

with scenes of war, ritual or

political events, portraits of rulers

or nobles, often inscribed with

glyphic texts. Sometimes covered

with stucco and painted. The size of

stelae and architectural elements

such as lintels, posts, steps,

decorative building blocks range

from .5 meters to 2.5 meters in

height. Hachas (thin, carved human

or animal heads in the shape of an

axe), yokes, and other carved ritual

objects are under 1 meter in length

or height, but vary in size.

E. Tools and Weapons.

1. Arrowheads (3–7 cm length).

2. Axes, adzes, celts (3–16 cm length).

3. Blades (4–15 cm length).

4. Chisels (20–30 cm length).

5. Spearpoints (3–10 cm length).

6. Eccentric shapes (10–15 cm length).

7. Grindingstones (30–50 cm length).

F. Vessels and Containers.

1. Bowls (10–25 cm ht).

2. Plates/Dishes (15–40 cm diam).

3. Vases (6–23 cm ht).

III. Metal (gold, silver, or other)—Cast

or beaten into the desired form,

decorated with engraving, inlay,

punctured design or attachments. Often

in human or stylized animal forms.

A. Jewelry—various shapes and sizes.

1. Necklaces.

2. Bracelets.

3. Disks.

4. Earrings or earplugs.

5. Pendants.

B. Figurines—(5–10 cm ht).

C. Masks—(15—25 cm length).

IV. Shell—Decorated with cinnabar

and incised lines, sometimes with jade

applied.

A. Figurines—human and animal (2–5

cm ht).

B. Jewelry—various shapes and sizes.

1. Necklaces.

2. Bracelets.

3. Disks.

4. Earrings or earplugs.

5. Pendants.

C. Natural Forms—often with incised

designs, various shapes and sizes.

V. Animal Bone—Carved or incised

with geometric and animal designs and

glyphs.

A. Tools—various sizes.

1. Needles.

2. Scrapers.

B. Jewelry—various shapes and sizes.

1. Pendants.

2. Beads.

3. Earplugs.

Inapplicability of Notice and Delayed

Effective Date

Because the amendment to the

Customs Regulations contained in this

document imposing import restrictions

on the above-listed Guatemalan cultural

property is being made in response to a

bilateral agreement entered into in

furtherance of the foreign affairs

interests of the United States, pursuant

to section 553(a)(1) of the

Administrative Procedure Act, (5 U.S.C.

553(a)(1)), no notice of proposed

rulemaking or public procedure is

necessary. For the same reason, a

delayed effective date is not required

pursuant to 5 U.S.C. 553(d)(3).

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.

Accordingly, this final rule is not

subject to the regulatory analysis or

other requirements of 5 U.S.C. 603 and

604.
51774 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

Executive Order 12866

This amendment does not meet the

criteria of a ‘‘significant regulatory

action’’ as described in E.O. 12866.

Drafting Information: The principal

author of this document was Keith B.

Rudich, Esq., Regulations Branch, Office

of Regulations and Rulings, U.S.

Customs Service. However, personnel

from other offices participated in its

development.

List of Subjects in 19 CFR Part 12

Customs duties and inspections,

Imports, Cultural property.

Amendment to the Regulations

Accordingly, Part 12 of the Customs

Regulations (19 CFR Part 12) is

amended as set forth below:

PART 12—[AMENDED]

1. The general authority and specific

authority citation for Part 12, in part,

continue to read as follows:

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

(General Note 20, Harmonized Tariff

Schedule of the United States (HTSUS)),

1624;

* * * * *

Sections 12.104 through 12.104i also

issued under 19 U.S.C. 2612;

* * * * *

§ 12.104 [Amended]

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

of agreements imposing import

restrictions on described articles of

cultural property of State Parties is

amended by adding Guatemala in

appropriate alphabetical order as

follows:

State Cultural property T.D. No.

* * * * * * *

Guatemala ................................................... Archaeological Material From Sites In The Peten Lowlands Of Guatemala, And Related Pre-Columbian Material From The Highlands And The Southern Coast of

Guatemala.

T.D. 97—81

* * * * * * *

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

of emergency actions imposing import

restrictions on described articles of

cultural property of State parties is

amended by removing the entry for

‘‘Guatemala’’ in its entirety.

Approved: September 29, 1997.

Samuel H. Banks,

Acting Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–26219 Filed 10–2–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 24

[T.D. 97–45]

RIN 1515–AA57

Update of Ports Subject to the Harbor

Maintenance Fee; Corrections

AGENCY: Customs Service, Treasury.

ACTION: Interim regulations; corrections.

SUMMARY: This document corrects an

omission that was made in the interim

regulations document published in the

Federal Register on June 4, 1997, which

updated the list of ports that process

commercial vessels that transport cargo

that are subject to the Water Resources

Development Act of 1986.

DATES: This correction is effective

October 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Patricia Barbare, Office of Finance, (202)

927–0034.

SUPPLEMENTARY INFORMATION:

Background

On June 4, 1997, Customs published

in the Federal Register (62 FR 30448)

interim regulations (T.D. 97–45) which

amended § 24.24 of the Customs

Regulations (19 CFR 24.24) to update

the list of ports that process commercial

vessels that transport cargo that are

subject to the Water Resources

Development Act of 1986. A correction

document to these interim regulations

was published in the Federal Register

(62 FR 45156) on August 26, 1997. Since

then, it has come to Customs’ attention

that the June 4 document contains

another error. The interim rule

document failed to list under the

Galveston Bay Ports the ports of

Galveston and Texas City and their port

codes: 5310 and 5306, respectively.

Accordingly, this document corrects

that omission.

Corrections to Publication

The document (FR Doc. 97–14409)

published in the Federal Register (62

FR 30448) on June 4, 1997, is corrected

as follows:

1. On page 30453, under the heading

for ‘‘Texas’’, in the fourth line, the

listing ‘‘Galveston Bay Ports* ’’ should

read as follows:

Port code, port name

and state

Port descriptions and

notations

Port code, port name

and state

Port descriptions and

notations

* * * * *

Texas

* * * * *

Galveston Bay Ports*

5310—Galveston .......

5306—Texas City ......

Includes Port Bolivar

and all points on

Galveston Bay in

Galveston County.

Movements between points within

this area are

intraport.

* * * * *

Dated: September 29, 1997.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 97–26218 Filed 10–2–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[DEA No. 161F]

Schedules of Controlled Substances:

Excluded Veterinary Anabolic Steroid

Implant Products

AGENCY: Drug Enforcement

Administration, Department of Justice.

ACTION: Final rule.

SUMMARY: The interim rule (62 FR

29289, May 30, 1997) which identified

eight veterinary anabolic steroid

implant products as being excluded