64654 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

participant, the security-based swap 

dealer or major security-based swap 

participant shall report the transaction; 

(2) Where one counterparty to a preenactment security-based swap 

transaction is a security-based swap 

dealer and the other counterparty is a 

major security-based swap participant, 

the security-based swap dealer shall 

report the transaction; and 

(3) Where neither counterparty to a 

pre-enactment security-based swap 

transaction is security-based swap 

dealer or a major security-based swap 

participant, the counterparties to the 

transaction shall select the counterparty 

who will report the transaction. 

(d) Effective Date. This section shall 

be effective beginning October 20, 2010 

until January 12, 2012. If the 

Commission publishes permanent 

recordkeeping and reporting rules for 

security-based transactions before 

January 12, 2012, that rule will 

terminate the effectiveness of this 

section. 

Dated: October 13, 2010. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–26217 Filed 10–19–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 10–32] 

RIN 1515–AD70 

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, 

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 on certain categories 

of archaeological material from the PreHispanic cultures of the Republic of 

Nicaragua. The restrictions, which were 

originally imposed by Treasury Decision 

(T.D.) 00–75 and extended by CBP 

Decision (Dec.) 05–33, are due to expire 

on October 20, 2010. 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 October 20, 2015. 

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. T.D. 

00–75 contains the Designated List of 

archaeological material representing 

Pre-Hispanic cultures of Nicaragua to 

which the restrictions apply. 

DATES: Effective Date: October 20, 2010. 

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, implemented by 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 

the Republic of Nicaragua concerning 

the imposition of import restrictions on 

certain categories of archaeological 

material from the Pre-Hispanic cultures 

of the Republic of Nicaragua on June 16, 

1999, and following completion by the 

Government of Nicaragua of all internal 

legal requirements, the agreement 

entered into force on October 20, 2000. 

On October 26, 2000, the former U.S. 

Customs Service (now U.S. 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)). On October 20, 2005, CBP 

published CBP Dec. 05–33 in the 

Federal Register (70 FR 61031) which 

amended 19 CFR 12.104g(a) to reflect 

the extension for an additional period of 

5 years. 

On February 23, 2010, the Department 

of State received a request by the 

Government of the Republic of 

Nicaragua to extend the Agreement, and 

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 Nicaragua 

continues to be in jeopardy from pillage 

of Pre-Hispanic archaeological resources 

and made the necessary determinations 

to extend the import restrictions for an 

additional five years. Diplomatic notes 

have been exchanged on October 15, 

2010, reflecting the extension of those 

restrictions for an additional five year 

period. Accordingly, CBP is amending 

19 CFR 12.104g(a) to reflect this 

extension of the import restrictions. 

The Designated List of Pre-Hispanic 

Archaeological Material 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/heritage/culprop/ 

nifact.html. 

The restrictions on the importation of 

these archaeological materials from the 

Republic of Nicaragua are to continue in 

effect until October 20, 2015. 

Importation of such material continues 

to be restricted unless the conditions set 

forth in 19 U.S.C. 2606 and 19 CFR 

12.104c are met. 

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64655 

same reasons, a delayed effective date is 

not required under 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. 

Executive Order 12866 

Because this rule involves a foreign 

affairs function of the United States, it 

is not subject to 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; 

* * * * * 

§ 12.104g [Amended] 

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

is amended in the entry for Nicaragua 

by removing the reference to ‘‘CBP Dec. 

05—33’’ and adding in its place ‘‘CBP 

Dec. 10—32’’. 

Alan Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: October 15, 2010. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2010–26383 Filed 10–19–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

30 CFR Chapter III and 43 CFR Parts 

4 and 10 

RIN 1094–AA53 

Interior Board of Land Appeals and 

Other Appeals Procedures 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Office of the Secretary is 

amending several existing procedural 

regulations governing appeals to the 

Interior Board of Land Appeals (IBLA); 

adopting new regulations governing 

consolidation, extensions of time, 

intervention, and motions in IBLA 

appeals; removing regulations relating 

to the former Interior Board of Surface 

Mining and Reclamation Appeals and 

Interior Board of Contract Appeals, 

which no longer exist; and correcting 

the address of the Office of Hearings and 

Appeals. 

DATES: This rule is effective November 

19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert S. More, Director, Office of 

Hearings and Appeals, U.S. Department 

of the Interior, Phone 703–235–3810. 

Persons who use a telecommunications 

device for the deaf may call the Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Office of the Secretary published 

a proposed rule on March 8, 2007, to 

update regulations of the Office of 

Hearings and Appeals (OHA) governing 

appeals to IBLA under 43 CFR part 4, 

subparts E and L. 72 FR 10454–10466. 

Subpart E contains regulations 

governing public land hearings and 

appeals, while subpart L contains 

regulations governing surface coal 

mining hearings and appeals. We 

proposed to amend the existing 

regulations governing service of 

documents, reconsideration, statements 

of reasons for appeal, answers, and 

requests for hearings; and we proposed 

to add regulations governing motions for 

consolidation, extensions of time, and 

intervention, and for serving and 

responding to other motions. 

We received comments on the 

proposed rule from the State of Alaska 

Department of Law; Carl J.D. Bauman, 

Esq.; Biodiversity Conservation 

Alliance; Chevron North America 

Exploration and Production Company; 

Earthjustice; Kentucky Resources 

Council; Mary A. Nordale, Esq.; Oil & 

Gas Accountability Project; J. P. Tangen, 

Esq.; Western Resource Advocates; and 

Wyoming Outdoor Council. We are 

grateful for the suggestions from these 

commenters and have made a number of 

changes in the proposed rule in 

response to the comments, as explained 

in the section-by-section analysis below. 

This final rule makes changes to a 

number of other provisions that were 

not included in the proposed rule. 

These changes, also explained in the 

section-by-section analysis, are minor 

technical and conforming amendments 

that do not require notice and comment 

under the Administrative Procedure 

Act. 

II. Section-by-Section Analysis 

A. 30 CFR Chapter III—Board of Surface 

Mining and Reclamation Appeals 

This chapter in Title 30 consists of a 

single part, 301, entitled ‘‘Procedures 

under the Surface Mining Control and 

Reclamation Act of 1977.’’ Part 301, in 

turn, consists of a single section, 301.1, 

entitled ‘‘Cross reference,’’ which refers 

readers to 43 CFR part 4, subpart L, for 

procedures relating to appeals to the 

Interior Board of Surface Mining and 

Reclamation Appeals (IBSMA). IBSMA 

was abolished by Secretarial Order 

dated April 26, 1983, and its functions 

were transferred to IBLA. 48 FR 22370 

(May 18, 1983). However, 30 CFR 

Chapter III was never updated to reflect 

this change. 

The fact that the outdated provisions 

of 30 CFR Chapter III have been 

overlooked for the last 27 years suggests 

that few if any readers were even aware 

of the cross-reference in § 301.1. During 

the same period, parties have had no 

apparent difficulty filing surface mining 

appeals with IBLA under 43 CFR part 4, 

subpart L. Since 30 CFR Chapter III 

appears unnecessary as well as 

outdated, this rule removes it from the 

CFR. 

B. 43 CFR Part 4, Subpart A—General; 

Office of Hearings and Appeals 

This rule revises 43 CFR 4.1, entitled 

‘‘Scope of authority; applicable 

regulations,’’ to reflect changes to OHA’s 

organization and delegations since the 

last revision in 1996. In March 2005, the 

Hearings Division referred to in § 4.1(a) 

was divided into three separate 

components: The Departmental Cases 

Hearings Division, the Probate Hearings 

Division, and the White Earth 

Reservation Land Settlements Act 

(WELSA) Hearings Division. This 

change was effected by a revision to 

OHA’s organization chapter in the 

Departmental Manual, 112 DM 13 


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