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
45180 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

10. 23 CFR 490.505 (Definition of 

Greenhouse gas (GHG)) 

11. 23 CFR 490.507(b) 

12. 23 CFR 490.509(f) 

13. 23 CFR 490.509(g) 

14. 23 CFR 490.509(h) 

15. 23 CFR 490.511(a)(2) 

16. 23 CFR 490.511(c) 

17. 23 CFR 490.511(d) 

18. 23 CFR 490.511(f) 

19. 23 CFR 490.513(d). 

The FHWA recognizes that there are 

short timeframes to comply with the 

October 1, 2018 reporting deadline. 

However, FHWA expects that the 

burden to comply with the upcoming 

reporting deadline will be minimal, 

consisting mostly of preliminary targetsetting activities using existing data 

sources. 

The FHWA has initiated additional 

rulemaking procedures proposing to 

repeal the GHG measure (RIN 2125– 

AF76) and anticipates publishing an 

NPRM in 2017 with a goal of issuing a 

Final Rule in Spring 2018. 

Waiver of Rulemaking 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), FHWA 

generally offers interested parties the 

opportunity to comment on proposed 

regulations and publishes rules not less 

than 30 days before their effective dates. 

However, the APA provides that an 

agency is not required to conduct 

notice-and-comment rulemaking or 

delay effective dates when the agency, 

for good cause, finds that the 

requirement is impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 553(b)(B) and (d)(3)). 

There is good cause to waive these 

requirements here as unnecessary, 

because this rule merely ceases the 

suspension of the Final Rule pending 

additional rulemaking, as provided for 

in the May 19, 2017 document at 82 FR 

22879, thus putting in effect the 

requirements of the above-referenced 

sections of the Final Rule as previously 

promulgated after notice and comment. 

The cessation of the suspension is 

therefore not significant in nature and 

impact, and does not impose new 

burdens on State departments of 

transportation and Metropolitan 

Planning Organizations. 

List of Subjects in 23 CFR Part 490 

Bridges, Highway safety, Highways 

and roads, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Issued on: September 22, 2017. 

Brandye L. Hendrickson, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2017–20804 Filed 9–25–17; 4:15 pm] 

BILLING CODE 4910–22–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1610 

RIN 3046–AA90 

Availability of Records 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Final rule. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing a final rule 

revising its Freedom of Information Act 

(FOIA) regulations in order to 

implement the substantive and 

procedural changes to the FOIA 

identified in the FOIA Improvement Act 

of 2016 and update two district office 

addresses and the Office of Legal 

Counsel’s fax number. 

DATES: Effective September 28, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie D. Garner, Assistant Legal 

Counsel, FOIA Programs, or Draga G. 

Anthony, Senior Attorney Advisor, 

Office of Legal Counsel, U.S. Equal 

Employment Opportunity Commission, 

at (202) 663–4640 (voice) or (202) 663– 

7026 (TTY). These are not toll-free 

telephone numbers. This final rule also 

is available in the following formats: 

Large print, Braille, audiotape, and 

electronic file on computer disk. 

Requests for this final rule in an 

alternative format should be made to 

EEOC’s Publications Center at 1–800– 

669–3362 (voice) or 1–800–800–3302 

(TTY). 

SUPPLEMENTARY INFORMATION: 

Introduction 

On December 29, 2016, EEOC 

published in the Federal Register an 

interim final rule setting forth revisions 

to EEOC’s FOIA regulations at 29 CFR 

part 1610. 81 FR 95869 (2016). The 

purpose of the revisions is to update the 

Commission’s FOIA regulations so that 

they are consistent with current 

Commission practice in responding to 

FOIA requests as reflected in the FOIA 

Improvement Act of 2016. The revisions 

also are intended to update two district 

office addresses and the Office of Legal 

Counsel’s fax number. The interim final 

rule sought public comments which 

were due on or before January 30, 2017. 

EEOC received four comments in 

response to the interim final rule. Two 

comments were submitted by an 

individual, and the remaining two 

comments were submitted by the 

National Archives and Records 

Administration’s Office of Government 

Information Services (hereinafter 

‘‘OGIS’’). 

The individual commenter suggested 

that EEOC reconsider the fifteen cent 

per page duplication fee charged for 

copies. This comment is outside the 

scope of the interim final rule, which 

did not propose changes to the 

duplication fees associated with 

processing FOIA requests. Therefore, 

the EEOC declines to change the 

duplication fees. The second comment 

asked the EEOC to remove the word 

‘‘professional’’ in 1610.9(f)(3), which 

identifies the requirements of a 

requester seeking expedited processing. 

Congress strongly favors uniform FOIA 

regulations. The Office of Information 

Policy, to assist agencies in issuing 

uniform regulations, provided a 

template for agencies to utilize when 

revising FOIA regulations. In order to 

conform with the Office of Information 

Policy template language, the EEOC 

declines to remove the word 

‘‘professional.’’ 

The Commission has considered 

carefully the comments from OGIS and 

has made some changes to the final rule 

in response to them. The OGIS 

comments concerning Sections 1610.11 

and 1610.13 and EEOC’s changes to the 

final rule are discussed in more detail 

below. 

Section 1610.2—Statutory Requirements 

The EEOC determined that the final 

two sentences of Section 1610.2(a) of 

the Draft Final Rule should be deleted. 

Those sentences read as follows: ‘‘As a 

matter of policy, the Commission may 

make discretionary disclosures of 

records or information exempt from 

disclosure under the FOIA whenever 

disclosure would not foreseeably harm 

an interest protected by the FOIA 

exemption. This policy does not create 

any right enforceable in Court.’’ The 

final rule now more closely aligns with 

the statutory language at 5 U.S.C. 

552(a)(8). The FOIA Improvement Act of 

2016 codified the foreseeable harm 

standard; therefore, release of the 

records is no longer a matter of agency 

policy. Records must be released unless 

there is a risk of foreseeable harm. 

Section 1610.5—Request for Records 

Section 1610.5(a)(2), of the interim 

final rule said that ‘‘(2)A requester who 

is making a request for records about 

himself or herself must comply with the 


jstallworth on DSKBBY8HB2PROD with RULES