Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61031 

2 17 CFR 201.1105(c). The cost of the bond may 

be paid as a cost of administration. The rule permits 

the Commission to waive the bond for good cause 

shown. 

3 5 U.S.C. 553(b)(3)(A). 

4 5 U.S.C. 601 et seq. 

5 5 U.S.C. 804(3)(C). 

6 44 U.S.C. 3501 et seq. 

Disgorgement Plans requires that thirdparty administrators obtain a bond to 

protect against risk of loss of fair and 

disgorgement funds.2 Obtaining a bond 

for funds which will be administered by 

a third party, but held at Treasury and 

disbursed by Treasury, is neither 

necessary nor cost efficient because 

these funds will not be subject to the 

risks of loss or other dissipation that 

could occur were the funds held by a 

private entity. Because of this, the 

Commission is adopting amended Rule 

30–7(a)(11) to permit the Secretary to 

waive the bond requirement if the funds 

are held at Treasury, and Treasury is 

distributing the funds. Nevertheless, the 

staff may submit plans to the 

Commission for consideration, as it 

deems appropriate. 

II. Administrative Procedure Act, 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

The Commission finds, in accordance 

with Section 533(b)(3)(A) of the 

Administrative Procedure Act,3 that this 

revision relates solely to agency 

organization, procedure, or practice. It is 

therefore not subject to the provisions of 

the Administrative Procedure Act 

requiring notice and opportunity for 

public comment. The Regulatory 

Flexibility Act 4 therefore does not 

apply. Because the rule relates to 

‘‘agency organization, procedure or 

practice that does not substantially 

affect the rights or obligations of nonagency parties,’’ it is not subject to the 

Small Business Regulatory Enforcement 

Fairness Act.5

These rules do not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1995, as amended.6

III. Costs and Benefits of the 

Amendment 

The amendment is procedural and 

administrative in nature. The benefits to 

the parties are efficiency and fairness. 

The cost of the amendment, if any, falls 

on the Commission, not the parties. 

IV. Effect on Efficiency, Competition, 

and Capital Formation 

The amendment is procedural and 

administrative in nature and will 

enhance the efficiency of the approval 

process for disgorgement/fair fund 

plans. It will have no effect on 

competition or capital formation. 

V. Statutory Basis and Text of Proposed 

Amendment 

This amendment to Rule 30a–7 is 

being adopted pursuant to statutory 

authority granted to the Commission in 

Section 4A of the Securities Exchange 

Act of 1934, as amended, 15 U.S.C. 78d–

1. 

List of Subjects in 17 CFR Part 200 

Authority delegation (Government 

agencies). 

Text of the Adopted Rule 

■ For the reasons set out in the 

preamble, Title 17, Chapter II of the 

Code of Federal Regulations is amended 

as follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

■ 1. The authority citation for part 200, 

subpart A continues to read in part as 

follows: 

Authority: 15 U.S.C. 77s, 77o, 77sss, 78d, 

78d–1, 78d–2, 78w, 78ll(d), 78mm, 79t, 80a–

37, 80b–11, and 7202, unless otherwise 

noted. 

* * * * * 

■ 2. Section 200.30–7 is amended by 

adding a sentence after the first sentence 

in paragraph (a)(11) to read as follows: 

§ 200.30–7 Delegation of authority to 

Secretary of the Commission. 

* * * * * 

(a) * * * 

(11) * * * As part of this plan 

approval, the requirement set forth in 

Rule 1105(c) (§ 201.1105(c) of this 

chapter) may be waived if the fair or 

disgorgement funds are held at the U.S. 

Department of the Treasury and will be 

disbursed by Treasury. * * * 

* * * * * 

Dated: October 13, 2005. 

By the Commission. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–20973 Filed 10–19–05; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 05–33] 

RIN 1505–AB61 

Extension of Import Restrictions 

Imposed on Certain Categories of 

Archaeological Material From the PreHispanic Cultures of the Republic of 

Nicaragua 

AGENCY: Customs and Border Protection, 

Homeland Security; Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends Title 

19 of the Code of Federal Regulations 

(19 CFR) to reflect the extension of the 

import restrictions on certain categories 

of archaeological material from the PreHispanic cultures of the Republic of 

Nicaragua that were imposed by T.D. 

00–75. The Acting Assistant Secretary 

for Educational and Cultural Affairs, 

United States Department of State, has 

determined that conditions continue to 

warrant the imposition of import 

restrictions. Accordingly, the 

restrictions will remain in effect for an 

additional 5 years, and Title 19 of the 

CFR is being amended to reflect this 

extension. 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 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. T.D. 00–75 contains the 

Designated List of archaeological 

material representing Pre-Hispanic 

cultures of Nicaragua. 

DATES: Effective Date: October 20, 2005. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, George McCray, (202) 

572–8710. For operational aspects, 

Michael Craig, Chief, Other Government 

Agencies Branch, (202) 344–1684. 

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 

61032 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 

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

entered into a bilateral agreement with 

the Republic of Nicaragua on October 

20, 2000, concerning the imposition of 

import restrictions on certain categories 

of archeological material from the PreHispanic cultures of the Republic of 

Nicaragua. On October 26, 2000, 

Customs and Border Protection (CBP) 

published T.D. 00–75 in the Federal 

Register (65 FR 64140), which amended 

19 CFR 12.104g(a) to reflect the 

imposition of these restrictions and 

included a list designating the types of 

articles 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)). 

After reviewing the findings and 

recommendations of the Cultural 

Property Advisory Committee, the 

Acting Assistant Secretary for 

Educational and Cultural Affairs, United 

States Department of State, concluding 

that the cultural heritage of Nicaragua 

continues to be in jeopardy from pillage 

of Pre-Hispanic archaeological 

resources, made the necessary 

determination to extend the import 

restrictions for an additional five years 

on September 1, 2005. Accordingly, CBP 

is amending 19 CFR 12.104g(a) to reflect 

the extension of the import restrictions. 

The Designated List of Pre-Columbian 

(Pre-Hispanic) Archaeological Materials 

from Nicaragua covered by these import 

restrictions is set forth in T.D. 00–75. 

The Designated List and accompanying 

image database may also be found at the 

following Internet Web site address: 

http://exchanges.state.gov/culprop. The 

restrictions on the importation of these 

archaeological materials from the 

Republic of Nicaragua are to continue in 

effect for an additional 5 years. 

Importation of such material continues 

to be restricted unless: 

(1) Accompanied by appropriate 

export certification issued by the 

Government of Nicaragua; or 

(2) With respect to Pre-Columbian 

material from archaeological sites 

throughout Nicaragua, documentation 

exists that exportation from Nicaragua 

occurred prior to October 26, 2000. 

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; 

* * * * * 

Sections 12.104 through 12.104i also 

issued under 19 U.S.C. 2612; 

* * * * * 

§ 12.104 [Amended] 

■ 2. In § 12.104g(a), the table of the list 

of agreements imposing import 

restrictions on described articles of 

cultural property of State Parties is 

amended in the entry for Nicaragua by 

removing the reference to ‘‘T.D. 00–75’’

in the column headed ‘‘Decision No.’’

and adding in its place the language 

‘‘T.D. 00–75 extended by CBP Dec. 05–

33’’. 

Robert C. Bonner, 

Commissioner, Bureau of Customs and Border 

Protection. 

Approved: October 17, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 05–21049 Filed 10–19–05; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–05–098] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Willoughby Bay, Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations for ‘‘Hampton Roads 

Sailboard Classic’’, a marine event to be 

held on the waters of Willoughby Bay, 

Norfolk, Virginia. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to restrict vessel traffic in 

portions of Willoughby Bay during the 

event. 

DATES: This rule is effective from 9 a.m. 

on October 29, 2005 to 5 p.m. on 

October 30, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket CGD05–05–098 and are available 

for inspection or copying at Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis M. Sens, Project Manager, 

Auxiliary and Recreational Boating 

Safety Branch, at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On September 2, 2005, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Special Local 

Regulations for Marine Events; 

Willoughby Bay, Norfolk, VA’’ in the 

Federal Register (70 FR 52338). We