This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. 

# Rules and Regulations Federal Register 

### 3011

Vol. 76, No. 12

Wednesday, January 19, 2011

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection Service** 

**7 CFR Part 301**

**[Docket No. APHIS–2010–0088]**

**Black Stem Rust; Additions of Rust Resistant Varieties** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Direct final rule; confirmation of effective date.

**SUMMARY :**  On September 8, 2010, the Animal and Plant Health Inspection Service published a direct final rule. The direct final rule notified the public of our intention to amend the black stem rust quarantine and regulations byadding four varieties to the list of rustresistant Berberis species or cultivars. We did not receive any written adverse comments or written notice of intent to submit adverse comments in response to the direct final rule.

**DATES :**  Effective Date: The effective date of the direct final rule published September 8, 2010, at 75 FR 54461, is confirmed as November 8, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Mr. Prakash K. Hebbar, National Program Manager, Black Stem/Barberry Rust Program, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD 20737–1231; (301) 734–5717.

**SUPPLEMENTARY INFORMATION :** 

Authority: 7 U.S.C. 7701–7772 and 7781– 7786; 7 CFR 2.22, 2.80, and 371.3.

Section 301.75–15 issued under Sec. 204, Title II, Public Law 106–113, 113 Stat. 1501A–293; sections 301.75–15 and 301.75– 16 issued under Sec. 203, Title II, Public Law 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). Done in Washington, DC, this 12th day of January 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011–982 Filed 1–18–11; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2010–0354, Airspace Docket No. 10–AAL–10]** 

**Establishment of Class E Airspace; Port Clarence, AK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; delay of effective date, correction.

**SUMMARY :**  This action changes the effective date for the establishment of Class E airspace at Port Clarence Coast Guard Station (CGS) Airport, Port Clarence, AK. The charting of this airspace has been delayed; therefore the effective date of the establishment of the Class E airspace area also must be delayed. A minor correction to a geographic coordinate also will be made.

**DATES :**  This correction is effective 0901 UTC, May 5, 2011, and the effective date of FR Doc. 2010–25479, published on October 12, 2010 (75 FR 62457) and corrected by FR Doc. 2010–32293, published on December 27, 2010 (75 FR 62457) is delayed to 0901 UTC, May 5.
2011.

The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Martha Dunn, AAL–538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513– 7587; telephone number (907) 271– 5898; fax: (907) 271–2850; e-mail: Martha.ctr.Dunn@faa.gov. Internet address: http://www.faa.gov/about/ office

_ org/headquarters

_ offices/ ato.service

_ units/systemops/fs/alaskan/ rulemaking/. **SUPPLEMENTARY INFORMATION :**  History

Federal Register Document FAA– 2010–0354, Airspace Docket No. 10– AAL–10, published on Monday, December 27, 2010 [75 FR 81110] makes a correction to the boundary description that establishes Class E airspace at Port Clarence CGS Airport, Port Clarence, AK. Subsequent to publication, the FAA’s Aeronautical Products office stated that more time was needed to chart the airspace. Therefore, this action will delay the effective date of January 13, 2011, to May 5, 2011, to allow better coordination for the charting of this airspace. An error also was discovered in the regulatory text for a latitudinal coordinate. This action corrects this

error.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a

‘‘ significant regulatory action’’ under Executive Order 12866; (2) is not a

‘‘ significant rule ’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Because this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority.

This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart 1, section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Port Clarence CGS Airport and represents the FAA’s


### 3012 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

**PART 71—[AMENDED]**
Delay of Effective Date

■ The effective date on Airspace Docket No. 10–AAL–10, published on October 12, 2010 (75 FR 62457) and corrected on December 27, 2010 (75 FR 62457) is hereby delayed from January 13, 2011, to May 5, 2011.

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

Correction to Final Rule

■ Accordingly, pursuant to the authority delegated to me, the Class E airspace legal description for Port Clarence CGS Airport, published in the Federal Register , December 27, 2010 (75 FR 81110), FR Doc. 2010–32293, page 81110, column 3, line 14, is corrected as follows:

**§ 71.1 [Corrected]**
* * * * *
AAL AK E5 Port Clarence, AK [Corrected]
By removing ‘‘lat. 60 ° 00 ′ 00 ′′ N., Long.
168 ° 58 ′ 23 ′′ W., and substituting

‘‘ 65 ° 00 ′ 00 ′′ N., 168 ° 58 ′ 23 ′′ W.

Issued in Washington, DC, on January 12,
2011. Edith V. Parish, Manager, Airspace, Regulations and ATC Procedures Group. [FR Doc. 2011–944 Filed 1–13–11; 4:15 pm]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**U.S. Customs and Border Protection**

**DEPARTMENT OF THE TREASURY**

**19 CFR Part 12**

**[CBP Dec. 11–03]**

**RIN 1515–AD72**

**Extension of Import Restrictions Imposed on Archaeological Material**  **Originating in Italy and Representing the Pre-Classical, Classical, and**  **Imperial Roman Periods**

**AGENCY :**  Customs and Border Protection, Department of Homeland Security; Department of the Treasury. **ACTION :**  Final rule.

**SUMMARY :**  This document amends Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions imposed on certain archaeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods of its cultural heritage, ranging in date from approximately the 9th century B.C. through approximately the 4th century A.D. The restrictions, which were originally imposed by Treasury Decision (T.D.) 01–06 and extended by CBP Decision (Dec.) 06–01, are due to expire on January 19, 2011. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that factors continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to reflect this extension until January 19, 2016. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act that implemented 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. This document also contains the Designated List of archaeological material of Italy that describes the articles to which the restrictions apply. Note that the Designated List has been amended to include ‘‘Coins of Italian Types ’’ under the category entitled ‘‘Metal. ’’

**DATES :**  Effective Date: January 19, 2011.

**FOR FURTHER INFORMATION CONTACT :**  For legal aspects, Charles Steuart, Chief, Intellectual Property Rights and Restricted Merchandise Branch, Regulations and Rulings, Office of International Trade, (202) 325–0020; for operational aspects, Michael Craig, Chief, Interagency Requirements Branch, Trade Policy and Programs, Office of International Trade, (202) 863–
6558.

**SUPPLEMENTARY INFORMATION :**  Background

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 Italy on January 19, 2001, concerning the imposition of import restrictions on archeological material originating in Italy and representing the pre-Classical, Classical, and Imperial Roman periods. On January 23, 2001, the former United States Customs Service (now U.S. Customs and Border Protection (CBP)) published T.D. 01–06 in the Federal Register (66 FR 7399), 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.

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 can be extended for additional periods not to exceed 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 ’’ (19 CFR 12.104g(a)). On January 19, 2006, CBP published 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 5 years.

By diplomatic note dated December 18, 2009, the Government of Italy requested an extension of the Agreement. On October 28, 2010, after the Department of State proposed to extend the Agreement and reviewed the findings and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, determined that the cultural heritage of Italy continues to be in jeopardy from pillage of archaeological material representing the pre-Classical, Classical, and Imperial Roman periods and made the necessary determinations to extend the import restrictions for an additional five years. Diplomatic notes have been exchanged on January 11, 2011, reflecting the extension of those restrictions for an additional five-year period. In addition to all the previously protected cultural material, import restrictions are also being imposed on a new subcategory of objects (coins). Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect this extension of the import restrictions on the currently protected cultural property and the new subcategory of cultural property.

The Designated List of articles that are protected pursuant to the bilateral agreement, as extended, has been revised and set forth below. We note that, pursuant to 19 U.S.C. 2604, the category entitled ‘‘Metal ’’ has been amended to include the subcategory