45178 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 17–14] 

RIN 1515–AE33 

Extension of Import Restrictions on 

Archaeological and Ecclesiastical 

Ethnological Materials From 

Guatemala 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This final rule amends U.S. 

Customs and Border Protection (CBP) 

regulations to reflect the extension of 

import restrictions on certain 

archaeological and ecclesiastical 

ethnological materials from Guatemala. 

These restrictions, which were last 

extended and revised by CBP Dec. 12– 

17, are due to expire on September 29, 

2017, unless extended. The Acting 

Assistant Secretary for Educational and 

Cultural Affairs, United States 

Department of State (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 five years, and the CBP 

regulations are being amended to 

indicate this additional extension. 

These restrictions are being extended 

pursuant to determinations of the 

Department of State under the terms of 

the Convention on Cultural Property 

Implementation Act, which implements 

the 1970 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. CBP 

Dec. 12–17 contains the Designated List 

of archaeological and ecclesiastical 

ethnological materials that describes the 

articles to which the restrictions apply. 

DATES: Effective September 29, 2017. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, Lisa L. Burley, Chief, 

Cargo Security, Carriers and Restricted 

Merchandise Branch, Regulations and 

Rulings, Office of Trade, (202) 325– 

0215, lisa.burley@cbp.dhs.gov. For 

operational aspects, William R. Scopa, 

Branch Chief, Partner Government 

Agency Branch, Trade Policy and 

Programs, Office of Trade, (202) 863– 

6554, william.r.scopa@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to the provisions of 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.), which implements the 

1970 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 

(hereinafter, the Convention), in U.S. 

law, the United States may enter into 

international agreements with other 

States Party to the Convention 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, not to 

exceed five years, if 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)); such restrictions may 

also be continued pursuant to an 

agreement concluded within the 

meaning of the Act (19 U.S.C. 

2603(c)(4)). 

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 PreColumbian archaeological artifacts from 

the Peten Region of Guatemala and 

accordingly amended 19 CFR 12.104g(b) 

pertaining to emergency import 

restrictions. These restrictions were 

effective for a period of five years and 

were subsequently extended for a threeyear 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 import restrictions on 

archaeological materials from the PreColumbian 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. 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.) 

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. 

In 2012, the Agreement was amended 

to include certain ecclesiastical 

ethnological materials of the Conquest 

and Colonial Periods of Guatemala, c. 

A.D. 1524 to 1821. On September 28, 

2012, CBP published CBP Dec. 12–17 in 

the Federal Register (77 FR 59541), 

effective on September 29, 2012, 

amending CBP regulations to reflect the 

extension of import restrictions on 

archaeological materials and the 

addition of ecclesiastical ethnological 

materials covered by the restrictions 

(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 import 

restrictions are due to expire on 

September 29, 2017. 

On July 28, 2017, after reviewing the 

findings and recommendations of the 

Cultural Property Advisory Committee, 

the Acting Assistant Secretary for 

Educational and Cultural Affairs, 

Department of State, concluding that the 

cultural heritage of Guatemala continues 

to be in jeopardy from pillage of certain 

archaeological materials and certain 

ecclesiastical ethnological materials, 

made the necessary statutory 

determinations, and decided to extend 

the agreement with Guatemala for an 

additional five-year period to September 

29, 2022. Diplomatic notes have been 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45179 

exchanged that reflect the extension of 

the agreement. Accordingly, CBP is 

amending 19 CFR 12.104g(a) in order to 

reflect the extension of the import 

restrictions pursuant to the agreement. 

The Designated List of Archaeological 

Materials and Ecclesiastical 

Ethnological Materials from Guatemala 

covered by these import restrictions is 

set forth in CBP Dec. 12–17. The 

Designated List may also be found 

online at https://eca.state.gov/culturalheritage-center/cultural-propertyprotection/bilateral-agreements/ 

guatemala. 

The restrictions on the importation of 

these archaeological and ecclesiastical 

ethnological materials from Guatemala 

are to continue in effect for an 

additional five years. 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 

same reason, 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 Orders 12866 and 13771 

Because this rule involves a foreign 

affairs function of the United States, it 

is not subject to either Executive Order 

12866 or Executive Order 13771. 

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 

adding the words ‘‘extended by CBP 

Dec. 17–14’’ after the words ‘‘CBP Dec. 

12–17’’ in the column headed ‘‘Decision 

No.’’. 

Kevin K. McAleenan, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Approved: September 25, 2017. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2017–20785 Filed 9–27–17; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 490 

[Docket No. FHWA–2013–0054] 

RIN 2125–AF54 

National Performance Management 

Measures; Assessing Performance of 

the National Highway System, Freight 

Movement on the Interstate System, 

and Congestion Mitigation and Air 

Quality Improvement Program 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Final regulation; announcement 

of effective date. 

SUMMARY: This document announces the 

effective date for specific portions of the 

National Performance Management 

measures; Assessing Performance of the 

National Highway System, Freight 

Movement on the Interstate System, and 

Congestion Mitigation and Air Quality 

Improvement Program Final Rule 

(PM#3). 

DATES: The effective date of the 

amendments to 23 CFR 490.105(c)(5) 

and (d)(1)(v), 490.107(b)(1)(ii)(H), 

(b)(2)(ii)(J), (b)(3)(ii)(I), and (c)(4), 

490.109(d)(1)(v) and (f)(1)(v), 

490.503(a)(2), 490.505 (Definition of 

Greenhouse gas (GHG)), 490.507(b), 

490.509(f), (g) and (h), 490.511(a)(2), (c), 

(d), and (f), and 490.513(d) published on 

January 18, 2017, at 82 FR 5970, is 

September 28, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Richardson, Assistant Chief 

Counsel for Legislation, Regulations, 

and General Law, Office of Chief 

Counsel, Federal Highway 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Telephone: (202) 366–0761. Office 

hours are from 8:00 a.m. to 4:30 p.m. 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

A copy of the Notice of Proposed 

Rulemaking (NPRM), all comments 

received, the Final Rule, and all 

background material may be viewed 

online at http://www.regulations.gov 

using the docket numbers listed above. 

A copy of this document will be placed 

on the docket. Electronic retrieval help 

and guidelines are available on the Web 

site. It is available 24 hours each day, 

365 days each year. An electronic copy 

of this document may also be 

downloaded from the Office of the 

Federal Register’s Web site at http://

www.ofr.gov and the Government 

Publishing Office’s Web site at http://

www.gpo.gov. 

Background 

On May 19, 2017, at 82 FR 22879, 

FHWA announced that the majority of 

the PM#3 Final Rule would become 

effective on May 20, 2017, and that the 

portions of the PM#3 Final Rule 

pertaining to the measure on the percent 

change in CO2 emissions from the 

reference year 2017, generated by onroad mobile sources on the National 

Highway System (the GHG) measure 

would be further suspended pending 

additional rulemaking. 

This document confirms that the 

following sections of the Final Rule are 

effective as of September 28, 2017: 

1. 23 CFR 490.105(c)(5) 

2. 23 CFR 490.105(d)(1)(v) 

3. 23 CFR 490.107(b)(1)(ii)(H) 

4. 23 CFR 490.107(b)(2)(ii)(J) 

5. 23 CFR 490.107(b)(3)(ii)(I) 

6. 23 CFR 490.107(c)(4) 

7. 23 CFR 490.109(d)(1)(v) 

8. 23 CFR 490.109(f)(1)(v) 

9. 23 CFR 490.503(a)(2) 


jstallworth on DSKBBY8HB2PROD with RULES