Unknown. Final rule

4,377 words·~20 min read·/register/2012/09/28/2012-23959

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-09-28.xml --- 77 189 Friday, September 28, 2012 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Magazine Questionnaire For Agencies/Entities Who Store Explosives, 59665-59666 2012-23846 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Animal Health Reporting System, 59590-59591 2012-23969 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59615-59616 2012-23899 2012-23919 Medicare and Medicaid Programs: Approval of the American Osteopathic Association/Healthcare Facilities Accreditation Program (AOA/HFAP), etc., 59616-59618 2012-23996 Medicare Program;

Medicare Appeals: Adjustment to the Amount in Controversy Threshold Amounts for Calendar Year 2013, 59618-59619 2012-23992 Coast Guard Coast Guard RULES Safety Zones: Boston Harbor Rock Removal Project, Boston Inner Harbor, Boston, MA, 59551-59554 2012-23855 Fireworks Event in Captain of the Port New York Zone, 59551 2012-23882 Special Local Regulations: Clearwater Super Boat National Championship Race, Gulf of Mexico, Clearwater, FL, 59548-59551 2012-23926 PROPOSED RULES Hull Identification Numbers for Recreational Vessels, 59575-59576 2012-23771 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 59595 2012-23864 Procurement List; Proposed Additions and Deletions, 59596-59597 2012-23865 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Early Reading First; Grant Performance Report, 59597 2012-23849 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unemployment Insurance Title XII Advances and Voluntary Repayment Process, 59669-59670 2012-23848 Electronic Filing of H-2A and H-2B Labor Certification Applications through the iCERT Visa Portal System, 59670-59673 2012-23884 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59597-59598 2012-23911 Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 59598-59599 2012-23909 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: Designing for Impact IV; Workshop on Building the National Network for Manufacturing Innovation, 59599 2012-23887 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: Georgia; Control Techniques Guidelines and Reasonably Available Control Technology, 59554-59558 2012-23710 Pesticide Tolerances:

Sulfentrazone, 59558-59561 2012-23986 Sulfoxaflor; Emergency Exemptions, 59561-59566 2012-23818 PROPOSED RULES Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 59576-59577 2012-23829 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities; Correction, 59577-59578 2012-23979 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 59578-59581 2012-23968 NOTICES Applications to Add New Food Uses on Previously Registered Pesticide Products:

Flonicamid, 59610-59611 2012-23981 Environmental Impact Statements; Availability, etc.:, 59611 2012-23928 Registration Applications; Receipt of Pesticide Products, 59611-59612 2012-23962 Executive Office Executive Office for Immigration Review PROPOSED RULES Retrospective Regulatory Review Under E.O. 13563, 59567-59571 2012-23874 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration PROPOSED RULES Amendments of Class D and E Airspace;

Revocations of Class E Airspace: Tri-Cities, TN, 59573-59575 2012-23867 Amendments of Class E Airspace: Goldsboro, NC, 59572-59573 2012-23876 NOTICES Environmental Impact Statements; Availability, etc.: Taos Regional Airport, Taos, NM, 59703 2012-23830 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 59599-59601 2012-23943 Environmental Assessments; Availability, etc.: Dominion Cove Point LNG, LP, the Cove Point Liquefaction Project, 59601-59603 2012-23933 Environmental Impact Statements;

Availability, etc.: LNG Development Co., LLC and Oregon Pipeline Co., Oregon LNG Export Project, 59603-59607 2012-23935 Environmental Site Reviews: Black Canyon Hydro, LLC, 59607 2012-23936 Initial Market-Based Rate Filings Including Requests For Blanket Section 204 Authorizations: Piedmont Green Power, LLC, 59607 2012-23942 Meetings: El Paso Natural Gas Co., Sasabe Lateral Project, 59607-59608 2012-23932 Petitions for Declaratory Orders: Gas Transmission Northwest LLC, 59608 2012-23931 Preliminary Permit Applications:

FPP Project 111, LLC, 59609 2012-23937 Go Green Go Hydro LLC, 59608-59609 2012-23938 Requests for Blanket Authorizations: WBI Energy Transmission Co., Inc., 59609-59610 2012-23939 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 59612-59613 2012-23878 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 59613 2012-23877 Fish Fish and Wildlife Service NOTICES Environmental Assessments;

Availability, etc.: Bear Lake National Wildlife Refuge, Bear Lake County ID, and Oxford Slough Waterfowl Production Area, Franklin and Bannock Counties, ID, 59639-59641 2012-23676 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59619-59622 2012-23838 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents, 59622-59624 2012-23833 Meetings:

Gastrointestinal Drugs Advisory Committee, 59624 2012-23885 Forest Forest Service NOTICES Meetings: Plumas County Resource Advisory Committee, 59591 2012-24045 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Services Administration Acquisition Regulation Part 523; Environmental Conservation, Occupational Safety, and Drug-Free Workplace, 59613-59614 2012-23902 Office of Citizen Services and Innovative Technologies;

Data.gov Feedback Mechanisms, 59614-59615 2012-23907 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Decision to Evaluate a Petition to Designate a Class of Employees: Mound Plant in Miamisburg, Ohio, to be Included in the Special Exposure Cohort, 59615 2012-23913 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection NOTICES Meetings: Homeland Security Advisory Council, 59627 2012-23870 Housing Housing and Urban Development Department RULES Homeless Emergency Assistance and Rapid Transition to Housing, 59543-59544 2012-23898 NOTICES Federal Properties Suitable as Facilities to Assist Homeless, 59627-59628 2012-23567 Rental Assistance Demonstration: Processing of Conversion Requests Submitted Under the Partial Rental Assistance Demonstration Notice, 59628-59629 2012-23910 Statutorily Mandated Designation of Difficult Development Areas for 2013, 59629-59639 2012-23900 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming, 59641-59642 2012-23975 2012-23978 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau NOTICES Calls for Nominations:

U.S. Extractive Industries Transparency Initiative Advisory Committee; 15-day Extension, 59639 2012-23940 Internal Revenue Internal Revenue Service RULES New Markets Tax Credit Non-Real Estate Investments, 59544-59547 2012-23985 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59707-59708 2012-23841 2012-23912 International Trade Adm International Trade Administration NOTICES Export Trade Certificates of Review, 59591-59592 2012-23950 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Executive Office for Immigration Review See Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59664-59665 2012-23844 Agency Information Collection Activities; Proposals, Submissions, and Approvals: COPS Application Package, 59665 2012-23851 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: School Crime Supplement to the National Crime Victimization Survey, 59666-59667 2012-23845 NIJ Evaluation of Through-wall Sensor Devices, 59667 2012-23873 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Respirable Coal Mine Dust Sampling, 59667-59668 2012-23997 Solicitation of Nominations for the Iqbal Masih Award for the Elimination of Child Labor, 59668-59669 2012-23998 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59642 2012-23908 Mine Mine Safety and Health Administration NOTICES Petitions for Modifications of Applications of Existing Mandatory Safety Standards, 59673-59674 2012-23852 NASA National Aeronautics and Space Administration PROPOSED RULES Personal Identity Verification, Release and Handling of Restricted Information, Protection of the Florida Manatee;

Withdrawal, 59581 2012-23711 National Highway National Highway Traffic Safety Administration RULES Event Data Recorders, 59566 C1--2012--19580 NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance: Mazda North American Operations, 59703-59704 2012-23834 National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology, 59592-59593 2012-23895 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59624-59625 2012-23970 Meetings: Evidence-Based Methodology Workshop on Polycystic Ovary Syndrome, 59625-59626 2012-23965 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Wildlife: 90-day Finding on Petitions to List the Northeastern Pacific Ocean Distinct Population Segment of Great White Shark, 59582-59589 2012-23963 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 59593-59594 2012-23850 Permit Amendments:

Marine Mammals; File No. 16163, 59594 2012-23964 Permits: Marine Mammals; File No. 16479, 59594-59595 2012-23961 National Park National Park Service NOTICES Intents to Repatriate Cultural Items: San Francisco State University NAGPRA Program, San Francisco, CA,, 59643-59646 2012-23920 Inventory Completions: Army Garrison, Redstone Arsenal, Huntsville, AL, 59646-59647 2012-23922 California Department of Parks and Recreation, Sacramento, CA, 59647-59648 2012-23921 Native American Human Remains and Associated Funerary Objects in Possession of Department of Anthropology;

Correction, 59659-59660 2012-23929 San Francisco State University, NAGPRA Program, San Francisco, CA, 59648-59649 2012-23918 Stanford University Archaeology Center, Stanford, CA, 59660-59662 2012-23924 2012-23927 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 59649-59651 2012-23915 Walnut Canyon National Monument, Flagstaff, AZ, 59655-59659 2012-23903 2012-23930 2012-23941 Wupatki National Monument, Flagstaff, AZ, 59651-59655 2012-23904 2012-23906 2012-23914 Meetings:

Alaska Region Subsistence Resource Commission Program, 59662 2012-23880 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Engineering, 59674-59675 2012-23881 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Compliance with Information Request, Flooding Hazard Reevaluation, 59675-59676 2012-23892 Meetings: Advisory Committee on Reactor Safeguards (ACRS), 59676-59677 2012-23886 Advisory Committee on Reactor Safeguards (ACRS); Adavanced Boiling Water Reactor, 59678 2012-23896 Advisory Committee on Reactor Safeguards (ACRS);

Planning and Procedures, 59677 2012-23897 Advisory Committee on Reactor Safeguards (ACRS); Reliability and PRA, 59677-59678 2012-23894 Meetings; Sunshine Act, 59678-59679 2012-24073 Order Approving Application Regarding Corporate Restructuring and Conforming Amendment: Central Vermont Public Service Corporation, 59679-59680 2012-23888 Request to Extend Time to Submit Decommissioning Plan: U.S. Department of the Army, Jefferson Proving Ground, Madison, IN, 59680-59682 2012-23890 Office of United States Trade Representative See Trade Representative, Office of United States Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Locating and Paying Participants, 59682-59683 2012-23889 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59662-59664 2012-23923 2012-23973 Securities Securities and Exchange Commission NOTICES Applications: Northern Trust Investments, Inc., et al., 59683-59686 2012-23858 Meetings; Sunshine Act, 59686-59687 2012-24064 Self-Regulatory Organizations; Proposed Rule Changes:

Chicago Mercantile Exchange Inc., 59688-59690 2012-23856 Options Clearing Corp., 59687-59688 2012-23857 Suspension of Trading Orders: Titan Resources International Corp., 59690 2012-24050 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59690-59692 2012-23869 State Department State Department NOTICES 2014 Diversity Immigrant Visa Program, 59692-59700 2012-23934 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Entry Into Children's Passport Issuance Alert Program, 59700-59701 2012-23949 Culturally Significant Objects Imported for Exhibition Determinations: Florence at the Dawn of Renaissance - Painting and Illumination, 59701-59702 2012-23891 Wari: Lords of the Ancient Andes, 59701 2012-23948 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59626-59627 2012-23875 Trade Representative Trade Representative, Office of United States NOTICES Promoting US EC Regulatory Compatibility:

Requests for Comments, 59702-59703 2012-23613 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service RULES Privacy Act; Implementation, 59548 2012-23837 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-23859 59704-59707 2012-23860 2012-23862 2012-24079 Customs U.S. Customs and Border Protection RULES Extension of Import Restrictions on Archaeological and Ethnological Materials from Guatemala, 59541-59543 2012-23959 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 189 Friday, September 28, 2012 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 12-17] RIN 1515-AD92 Extension of Import Restrictions on Archaeological and Ethnological Materials From Guatemala AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. SUMMARY: This document amends U.S. Customs and Border Protection

(CBP)regulations to reflect the extension of import restrictions on certain archaeological materials from Guatemala. These restrictions, which were last extended by CBP Dec. 07-79, are due to expire on September 29, 2012, unless extended. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined to extend the bilateral Agreement between the Republic of Guatemala and the United States to continue the imposition of import restrictions on the archaeological materials from Guatemala and to add restrictions on certain ethnological materials. The Designated List of cultural property described in Treasury Decision (T.D.) 97-81 is revised in this document to reflect the addition of the ethnological materials. The import restrictions imposed on the archaeological and ethnological materials covered under the Agreement will be in effect for a 5-year period, and the CBP regulations are being amended accordingly. These restrictions are being imposed pursuant to determinations of the Department of State 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. DATES: *Effective Date:* September 29, 2012. FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq., Chief, Cargo Security, Carriers and Immigration Branch, Regulations and Rulings, Office of International Trade,

(202)325-0082. For operational aspects, Virginia McPherson, Interagency Requirements Branch, Trade Policy and Programs, Office of International Trade,

(202)863-6563. SUPPLEMENTARY INFORMATION: Background Pursuant to the provisions of the 1970 UNESCO Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (hereafter, the Cultural Property Implementation Act or the Act) (Pub. L. 97-446, 19 U.S.C. 2601 *et seq.* ), signatory nations (State Parties) may enter into bilateral or multilateral agreements to impose import restrictions on eligible archaeological and ethnological materials under procedures and requirements prescribed by the Act. Under the Act and applicable CBP regulations (19 CFR 12.104g), the restrictions 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 (19 U.S.C. 2602(b)). This period may be extended for additional periods, each such period not to exceed five years, where it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)). In certain limited circumstances, the Cultural Property Implementation Act authorizes the imposition of restrictions on an emergency basis (19 U.S.C. 2603). Under the Act and applicable CBP regulations (19 CFR 12.104g(b)), emergency restrictions are effective for no more than five years from the date of the State Party's request and may be extended for three years where it is determined that the emergency condition continues to apply with respect to the covered materials (19 U.S.C. 2603(c)(3)). On April 15, 1991, under the authority of the Cultural Property Implementation Act, the former U.S. Customs Service published Treasury Decision (T.D.) 91-34 in the **Federal Register** (56 FR 15181) imposing emergency import restrictions on Pre-Columbian archaeological artifacts from the Peten Region of Guatemala and accordingly amending 19 CFR 12.104g(b) pertaining to emergency import restrictions. These restrictions were effective for a period of 5 years and were subsequently extended for a 3-year period by publication of T.D. 94-84 in the **Federal Register** (59 FR 54817). On September 29, 1997, the United States entered into a bilateral Agreement with Guatemala concerning the imposition of (non-emergency) import restrictions on archaeological materials from the Pre-Columbian cultures of Guatemala (the 1997 Agreement). The 1997 Agreement included among the materials covered by the restrictions the archaeological materials then subject to the emergency restrictions imposed by T.D. 91-34. On October 3, 1997, the former United States Customs Service published T.D. 97-81 in the **Federal Register** (62 FR 51771), which amended 19 CFR 12.104g(a) to reflect the imposition of restrictions on these materials and included a list designating the types of archaeological materials covered by the restrictions. 1 These restrictions were to be effective through September 29, 2002. (T.D. 97-81 also removed the emergency restrictions for Guatemala from the CBP regulations.) 1 The materials covered by the restrictions, prior to this final rule, were described in the CBP regulations as: “Archaeological material from sites in the Peten Lowlands of Guatemala, and related Pre-Columbian material from the Highlands and the Southern Coast of Guatemala.” 19 CFR 12.104g(a). The restrictions were subsequently extended, in 2002 by T.D. 02-56 (67 FR 61259) and in 2007 by Customs and Border Protection Decision (CBP Dec.) 07-79 (72 FR 54538), to September 29, 2012. On March 12, 2012, by publication in the **Federal Register** (77 FR 14583), the Department of State proposed to extend the Agreement. By request of the Republic of Guatemala, and pursuant to the statutory and decision-making process, the Designated List of materials covered by the restrictions is being amended to include certain ecclesiastical ethnological materials of the Conquest and Colonial Periods of Guatemala, c. A.D. 1524 to 1821. Thus, the Agreement now covers both the previously covered archaeological materials, as set forth in the Designated List published in T.D. 97-81, and the additional ethnological materials ( *see* 19 U.S.C. 2604, authorizing the Secretary of the Treasury, by regulation, to promulgate and, when appropriate, revise the list of designated archaeological and/or ethnological materials covered by an agreement between State Parties). The Department of State reviewed the findings and recommendations of the Cultural Property Advisory Committee, and, on August 7, 2012, the Assistant Secretary for Educational and Cultural Affairs, Department of State, determined that the cultural heritage of Guatemala continues to be in jeopardy from pillage of certain archaeological objects and is also in jeopardy from pillage of certain ecclesiastical ethnological materials dating to the Conquest and Colonial Periods of Guatemala (c. A.D. 1524 to 1821). The Assistant Secretary made the necessary determination to extend the import restrictions for an additional five-year period to September 29, 2017, and to include in their coverage these ecclesiastical ethnological materials. An exchange of diplomatic notes reflects the extension of the restrictions, as described in this document and as applicable to the revised Designated List set forth in this document. Thus, CBP is amending 19 CFR 12.104g(a) accordingly. Importation of covered materials from Guatemala will be restricted through September 29, 2017, in accordance with the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c. In this document, the Designated List of articles that was published in T.D. 97-81 is amended to include ecclesiastical ethnological material dating to the Conquest and Colonial Periods of Guatemala (c. A.D. 1524 to 1821). The articles described in the Designated List set forth below are protected pursuant to the Agreement. (It is noted that there are no revisions to the section of the Designated List pertaining to covered archaeological objects. It is reprinted as a convenience.) Designated List This Designated List, amended as set forth in this document, includes Pre-Columbian archaeological materials that originate in Guatemala, ranging in date from approximately 2000 B.C. to approximately A.D. 1524, including, but not limited to, objects comprised of ceramic, stone, metal, shell, and bone that represent cultures that lived in the Peten Lowlands, the Highlands, and the South Coast of Guatemala. The List also includes certain categories of ethnological materials used in ecclesiastical contexts in Guatemala dating to the Conquest and Colonial periods (approximately A.D. 1524-1821), including sculptures in wood and other materials, objects of metal, and paintings on canvas, wood, or metal supports relating to ecclesiastical themes. The Designated List, and accompanying image database, may also be found at the following Internet Web site address: *http://exchanges.state.gov/heritage/culprop/gtfact.html* . The list set forth below is representative only. Any dimensions are approximate. Pre-Columbian Archaeological Material (Dating From Approximately 2000 B.C. to A.D. 1524) 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/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. Ecclesiastical Ethnological Material (Dating From Approximately A.D. 1524 to 1821) VI. *Sculpture* —Sculptural images of scenes or figures, carved in wood and usually painted, relating to ecclesiastical themes, such as the Virgin Mary, saints, angels, Christ, and others. A. *Relief Sculptures* —circular-shaped, low-relief plaques, often polychrome wood, relating to ecclesiastical themes. B. *Sculpted Figures* —wood carvings of figures relating to ecclesiastical themes, often with moveable limbs, usually with polychrome painting of skin and features; clothing might be sculpted and painted, or actual fabric clothing might be added. C. *Life-Sized Sculptures* —full figure wood carvings of figures relating to ecclesiastical themes, often with polychrome painting using the estofado technique, and occasionally embellished with metal objects such as halos, aureoles, and staves. VII. *Painting* —paintings illustrating figures, narratives, and events relating to ecclesiastical themes, usually done in oil on wood, metal, walls, or canvas (linen, jute, or cotton). A. *Easel Paintings* —pictorial works relating to ecclesiastical themes on wood, metal, or cloth (framed or applied directly to structural walls). B. *Mural Paintings* —pictorial works, executed directly on structural walls, relating to ecclesiastical themes. VIII. *Metal* —ritual objects for ceremonial ecclesiastical use made of gold, silver, or other metal, including monstrances, lecterns, chalices, censers, candlesticks, crucifixes, crosses, and tabernacles; and objects used to dress sculptures, such as crowns, halos, and aureoles, among others. 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)). For the same reasons, 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 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(a) [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 Guatemala by: a. In the column headed “Cultural Property,” removing the period and adding the following words: “, and ecclesiastical ethnological materials dating from the Conquest and Colonial periods, c. A.D. 1524 to 1821.”, and b. In the column headed “Decision No.,” removing the reference to “T.D. 97-81 extended by CBP Dec. 07-79” and adding in its place “CBP Dec. 12-17”. David V. Aguilar, Deputy Commissioner, U.S. Customs and Border Protection. Approved: September 25, 2012. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2012-23959 Filed 9-27-12; 8:45 am]

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