Extension of Import Restrictions on Archaeological and Ecclesiastical Ethnological Materials From Guatemala, 45178-45179 [2017-20785]
Download as PDF
45178
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
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
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
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.
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:07 Sep 27, 2017
Jkt 241001
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–
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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
E:\FR\FM\28SER1.SGM
28SER1
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations
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
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.’’.
■
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.
[Docket No. FHWA–2013–0054]
Background
[FR Doc. 2017–20785 Filed 9–27–17; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
RIN 2125–AF54
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
AGENCY:
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Final regulation; announcement
of effective date.
This regulation is being issued in
accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 12
jstallworth on DSKBBY8HB2PROD with RULES
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 https://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 https://
www.ofr.gov and the Government
Publishing Office’s Web site at https://
www.gpo.gov.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: September 25, 2017.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
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
Executive Orders 12866 and 13771
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:
14:07 Sep 27, 2017
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:
DATES:
23 CFR Part 490
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).
VerDate Sep<11>2014
45179
Jkt 241001
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).
SUMMARY:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
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)
E:\FR\FM\28SER1.SGM
28SER1
Agencies
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45178-45179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20785]
[[Page 45178]]
=======================================================================
-----------------------------------------------------------------------
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 Pre-Columbian 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 three-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 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. 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
[[Page 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/cultural-heritage-center/cultural-property-protection/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
0
1. The general authority citation for part 12 and the specific
authority citation for Sec. 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;
* * * * *
Sec. 12.104g(a) [Amended]
0
2. In Sec. 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