Extension of Import Restrictions on Archaeological and Ecclesiastical Ethnological Materials From Guatemala, 58727-58729 [2022-20958]
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Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Rules and Regulations
4. ICAO Requirements—Risk concerns
include: negative ICAO Universal Safety
Oversight Audit Program (USOAP)
findings indicating noncompliance with
one or more of the eight critical
elements of safety oversight; ICAO
reports indicating noncompliance with
Standards and Recommended Practices
(SARPs); inaction with respect to ICAO
action plans; ICAO USOAP information
over two years old thus limiting its
value.
5. FAA Information—FAA has safety
concerns about the oversight provided
by the CAA, which include the areas of:
FAA and foreign ramp inspections;
safety-related complaints about
carrier(s) from other CAAs; active
technical assistance activities;
compliance issues are present in FAA
certificated or approved entities in the
country; Congressional inquiries; and
existing bilateral agreement
implementation procedures.
lotter on DSK11XQN23PROD with RULES1
Change To Introduce a New, Informal
Process for Engagement With CAAs
Identified for IASA Reassessment
In support of the FAA’s objective of
improving communications with CAAs
of IASA Category 1 countries identified
as priorities through the FAA’s risk
analysis, the FAA will exercise
discretion to provide CAAs with
informal notification of safety concerns
and request discussions with CAAs
prior to the initiation of the formal IASA
process. If such safety concerns have not
been satisfactorily addressed, the FAA
will begin the formal IASA notification
process. The FAA will retain its ability
to initiate immediate IASA category
changes or IASA assessments when
justified based on available safety
information. The discretion to engage
informally is to make CAAs aware of
potential defiencies in safety oversight
to enable more efficient resolution.
Change To Introduce New Risk
Mitigation Measures When Countries
Have Been Notified of High Risk
Concerns That Would Trigger an IASA
Reassessment
This mitigation is twofold and
involves limits to foreign operations to
the United States and code-share
arrangements with operators from
countries for which the FAA has
identified safety oversight concerns and
limits on certain bilateral agreements.
These changes will provide the U.S.
traveling public and the U.S. air
transportation system with an added
measure of safety mitigation and
freedom from external pressures to
delay safety oversight responsibilities.
• Limitations on foreign operations to
the United States and code-share
VerDate Sep<11>2014
16:07 Sep 27, 2022
Jkt 256001
arrangements. Upon FAA notification to
a CAA of the FAA’s safety concern and
identification for an IASA reassessment,
the FAA will limit the direct service to
the United States and the display of U.S.
operators’ codes on foreign operators of
that country to current levels.
• Limits on certain bilateral
agreements. The FAA will communicate
to the CAA that the FAA will cease
reciprocal acceptance of any approvals
or certifications under existing Bilateral
Aviation Safety Agreement (BASA)
implementation procedures (IP) for
which the CAA may be responsible for
issuing. These risk mitigation actions
will increase transparency during the
time between informal notification of
the potential need for an IASA and the
conclusion of the formal IASA process.
CAA Completion of the IASA Checklist
Prior to an Assessment or Reassessment
The FAA currently requests that the
CAA provide a completed IASA
checklist (available on the FAA website)
prior to the FAA conducting an IASA;
however, the FAA has not explicitly
identified this step in past IASA policy
statements. While not mandatory, it is
in the CAA’s best interest to complete
the checklist in preparation for safety
oversight discussions. The CAA’s
provision of a completed IASA checklist
in advance of the assessment, whether
initial assessment or reassessment, will
facilitate an efficient and effective
assessment review.
Transmittal of IASA Results
This is a restatement of current
policy. Once an IASA has been
completed, the FAA will provide any
findings of noncompliance with ICAO
standards. Subsequently, the FAA will
provide the results of the assessment to
the CAA through an established cable
process. If there are no findings of
noncompliance with ICAO standards in
the IASA report, the cable will reflect
that the country will receive an IASA
Category 1 rating. If there have been any
findings of noncompliance with
applicable ICAO standards, the FAA
will provide the CAA with the
opportunity to provide evidence to the
FAA of the actions it has taken since the
IASA to correct any findings of
noncompliance.
IASA Final Discussions
This is a restatement of current
policy. During the final discussions, the
FAA will review each IASA finding of
noncompliance with the CAA, the
CAA’s corrective action since the IASA,
and the status of the finding as either
open or closed. This will be
documented in a Record of Discussions,
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
58727
and the record will be signed by both
the FAA and the CAA. The final
assignment of an IASA Category rating
will be transmitted to the CAA through
the cable process.
Incorporation of FAA and CAA
Development of a Corrective Action
Plan (CAP) Upon Notification of an
IASA Category 2 Rating
For additional communication and
support for a country downgraded to an
IASA Category 2 rating, the FAA will
provide the CAA with a CAP to address
its safety oversight deficiencies and will
conduct a virtual meeting with the CAA
to establish timelines for completion.
This will allow the CAA to begin work
on its safety oversight findings at the
conclusion of the IASA process without
delay. Should the CAA request FAA
technical assistance implementation of
its CAP, this would require a
government-to-government agreement.
Restatement of the Current Practice
Regarding Reassessment of IASA
Category 2 Countries
To restate current FAA policy, a
country with an IASA Category 2 rating
may request a reassessment in an
attempt to obtain a Category 1 rating. A
CAP, as discussed above, showing the
CAA’s action on resolving the identified
safety oversight items is one way of
providing evidence of CAA readiness
for an IASA reassessment.
Issued in Washington, DC, on September
23, 2022.
Jodi L. Baker,
Deputy Administrator for Aviation Safety.
[FR Doc. 2022–21085 Filed 9–26–22; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22–24]
RIN 1515–AE76
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 document amends the
U.S. Customs and Border Protection
SUMMARY:
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Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
(CBP) regulations to reflect an extension
of import restrictions on certain
categories of archaeological and
ecclesiastical ethnological materials
from Guatemala to fulfill the terms of
the new agreement, titled
‘‘Memorandum of Understanding
between the Government of the United
States of America and the Government
of the Republic of Guatemala
Concerning the Imposition of Import
Restrictions on Categories Of
Archaeological and Ethnological
Material of Guatemala.’’ CBP Dec. 12–
17, which contains the Designated List
of archaeological and ecclesiastical
ethnological material from Guatemala to
which the restrictions apply, is being
extended for an additional five years by
this final rule.
DATES: Effective September 29, 2022.
FOR FURTHER INFORMATION CONTACT: For
legal aspects, W. Richmond Beevers,
Chief, Cargo Security, Carriers and
Restricted Merchandise Branch,
Regulations and Rulings, Office of
Trade, (202) 325–0084, ototrrculturalproperty@cbp.dhs.gov. For
operational aspects, Julie L. Stoeber,
Chief, 1USG Branch, Trade Policy and
Programs, Office of Trade, (202) 945–
7064, 1USGBranch@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Convention on
Cultural Property Implementation Act,
Public Law 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 (823 U.N.T.S. 231 (1972)), the
United States entered into a
memorandum of understanding (MOU)
with the Republic of Guatemala
(Guatemala) on September 29, 1997,
concerning the imposition of import
restrictions on archaeological material
from the Pre-Columbian cultures of
Guatemala (the 1997 MOU). The 1997
MOU included among the materials
covered by the restrictions, the
archaeological materials from the Peten
Region of Guatemala, then subject to the
emergency restrictions imposed by the
former U.S. Customs Service (U.S.
Customs and Border Protection’s (CBP)
predecessor agency) in Treasury
Decision (T.D.) 91–34 (56 FR 15181
(April 15, 1991)). These emergency
import restrictions were imposed
pursuant to 19 U.S.C. 2603(c) and 19
CFR 12.104g(b) and effective for a
period of five years. They were
subsequently extended pursuant to 19
VerDate Sep<11>2014
16:07 Sep 27, 2022
Jkt 256001
U.S.C. 2603(c)(3), for a three-year period
by publication of T.D. 94–84 in the
Federal Register (59 FR 54817
(November 2, 1994)).
On October 3, 1997, the former U.S.
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.
Import restrictions listed at 19 CFR
12.104g(a) are effective for no more than
five years beginning on the date on
which an agreement enters into force
with respect to the United States. This
period may be extended for additional
periods of no more than five years if it
is determined that the factors which
justified the agreement still pertain and
no cause for suspension of the
agreement exists. See 19 CFR 12.104g(a).
Since the initial final rule was
published on October 3, 1997, the
import restrictions were subsequently
extended and/or amended four (4)
times. First, on September 30, 2002, the
former U.S. Customs Service published
a final rule (T.D. 02–56) in the Federal
Register (67 FR 61259) to extend the
import restrictions for an additional
five-year period.
Second, on September 26, 2007, CBP
published a final rule (CBP Dec. 07–79)
in the Federal Register (72 FR 54538) to
extend the import restrictions for an
additional five-year period.
Third, on September 28, 2012, CBP
published a final rule (CBP Dec. 12–17)
in the Federal Register (77 FR 59541)
amending the CBP regulations to reflect
the extension of import restrictions on
archaeological materials and the
addition of ecclesiastical ethnological
materials of the Conquest and Colonial
Periods of Guatemala, c. A.D. 1524 to
1821.
Fourth and lastly, on September 28,
2017, CBP published a final rule (CBP
Dec. 17–14) in the Federal Register (82
FR 45178) to extend the import
restrictions for an additional five-year
period through September 28, 2022.
On January 6, 2022, the United States
Department of State proposed in the
Federal Register (87 FR 792) to extend
the 1997 MOU between the United
States and Guatemala concerning the
import restrictions on certain categories
of archaeological and ecclesiastical
ethnological material from Guatemala.
On May 5, 2022, after considering the
views 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 Guatemala
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
continues to be in jeopardy from pillage
of certain archeological and
ecclesiastical ethnological materials,
and that the import restrictions should
be extended for an additional five years,
pursuant to 19 U.S.C. 2602(e). Pursuant
to the new agreement, the existing
import restrictions will remain in effect
for an additional five years through
September 28, 2027.
Accordingly, CBP is amending 19 CFR
12.104g(a) to reflect the extension of the
import restrictions. The restrictions on
the importation of archaeological and
ecclesiastical ethnological material are
to continue to be in effect through
September 28, 2027. Importation of such
material from Guatemala continues to be
restricted through that date unless the
conditions set forth in 19 U.S.C. 2606
and 19 CFR 12.104c are met.
The Designated List and additional
information may also be found at the
following website address: https://
eca.state.gov/cultural-heritage-center/
cultural-property/current-agreementsand-import-restrictions by selecting the
material for ‘‘Guatemala.’’
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 under 5 U.S.C.
553(a)(1). 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 Order 12866
CBP has determined that this
document is not a regulation or rule
subject to the provisions of Executive
Order 12866 because it pertains to a
foreign affairs function of the United
States, as described above, and therefore
is specifically exempted by section
3(d)(2) of Executive Order 12866.
Signing Authority
This regulation is being issued in
accordance with 19 CFR 0.1(a)(1),
pertaining to the Secretary of the
Treasury’s authority (or that of his/her
delegate) to approve regulations related
to customs revenue functions.
Chris Magnus, the Commissioner of
CBP, having reviewed and approved
this document, has delegated the
authority to electronically sign this
document to Robert F. Altneu, who is
the Director of the Regulations and
Disclosure Law Division for CBP, for
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58729
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Rules and Regulations
purposes of publication in the Federal
Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and
inspection, Imports, Prohibited
merchandise, and Reporting and
recordkeeping requirements.
*
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.
Amendment to the 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:
*
*
*
*
*
*
*
*
2. In § 12.104g, amend the table in
paragraph (a) by revising the entry for
Guatemala to read as follows:
■
§ 12.104g Specific items or categories
designated by agreements or emergency
actions.
(a) * * *
*
State party
Cultural property
Decision No.
*
*
Guatemala ......................................
*
*
*
Archaeological material, c. 12,000 B.C. to A.D. 1524, and Hispanic
period ecclesiastical ethnological material, c. A.D. 1524 to 1821.
*
*
CBP Dec. 12–17 extended by CBP
Dec. 22–24.
*
*
*
*
*
*
*
*
Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury
for Tax Policy.
[FR Doc. 2022–20958 Filed 9–27–22; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0736]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the Delaware River, Philadelphia, PA;
Safety Zone from 8:30 p.m. through 9:15
p.m. on September 30, 2022, to provide
for the safety of life on navigable
waterways during the Cooper
Foundation Gala fireworks display. Our
regulation for fireworks displays in the
Fifth Coast Guard District identifies the
regulated area for this event in
Philadelphia, PA. During the
enforcement period, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
SUMMARY:
VerDate Sep<11>2014
16:07 Sep 27, 2022
*
*
The regulation 33 CFR 165.506
will be enforced for the location
identified in entry 10 of table 1 to
paragraph (h)(1) from 8:30 p.m. through
9:15 p.m. on September 30, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Petty Officer Dylan Caikowski,
U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone: (215) 271–4814, Email:
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in
table 1 to paragraph (h)(1) to 33 CFR
165.506, entry 10 for the Cooper
Foundation Gala fireworks display from
8:30 p.m. through 9:15 p.m. on
September 30, 2022. This action is
necessary to ensure safety of life on the
navigable waters of the United States
immediately prior to, during, and
immediately after the fireworks display.
Our regulation for safety zones of
fireworks displays in the Fifth Coast
Guard District, table 1 to paragraph
(h)(1) to 33 CFR 165.506, entry 10
specifies the location of the regulated
area as all waters of Delaware River,
adjacent to Penn’s Landing,
Philadelphia, PA, within a 500-yard
radius of the fireworks barge position.
The approximate position for the
fireworks barge is latitude 39°56′53″ N,
longitude 075°08′03″ W. During the
enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notice of
enforcement in the Federal Register, the
DATES:
Robert F. Altneu,
Director, Regulations & Disclosure Law
Division, Regulations & Rulings, Office of
Trade, U.S. Customs and Border Protection.
lotter on DSK11XQN23PROD with RULES1
Sections 12.104 through 12.104i also
issued under 19 U.S.C. 2612;
PART 12—SPECIAL CLASSES OF
MERCHANDISE
Jkt 256001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
*
*
Coast Guard will provide notification of
this enforcement period via broadcast
notice to mariners.
Dated: September 23, 2022.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
[FR Doc. 2022–21036 Filed 9–27–22; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0306; FRL–9713–03–
R9]
Air Quality State Implementation
Plans; Approvals and Promulgations:
California; San Diego County Air
Pollution Control District; Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve four permitting rules submitted
as a revision to the San Diego County
Air Pollution Control District (SDAPCD
or ‘‘District’’) portion of the California
State Implementation Plan (SIP). These
revisions concern the District’s New
Source Review (NSR) permitting
program for new and modified sources
of air pollution under section
110(a)(2)(C) and part D of title I of the
Clean Air Act (CAA or ‘‘Act’’). This
action will update the District’s
applicable SIP with rules revised to
address a deficiency identified in our
September 16, 2020 limited disapproval
SUMMARY:
E:\FR\FM\28SER1.SGM
28SER1
Agencies
[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Rules and Regulations]
[Pages 58727-58729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20958]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 22-24]
RIN 1515-AE76
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 document amends the U.S. Customs and Border Protection
[[Page 58728]]
(CBP) regulations to reflect an extension of import restrictions on
certain categories of archaeological and ecclesiastical ethnological
materials from Guatemala to fulfill the terms of the new agreement,
titled ``Memorandum of Understanding between the Government of the
United States of America and the Government of the Republic of
Guatemala Concerning the Imposition of Import Restrictions on
Categories Of Archaeological and Ethnological Material of Guatemala.''
CBP Dec. 12-17, which contains the Designated List of archaeological
and ecclesiastical ethnological material from Guatemala to which the
restrictions apply, is being extended for an additional five years by
this final rule.
DATES: Effective September 29, 2022.
FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, [email protected]. For operational aspects, Julie L.
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of
Trade, (202) 945-7064, [email protected].
SUPPLEMENTARY INFORMATION:
Background
Pursuant to the Convention on Cultural Property Implementation Act,
Public Law 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
(823 U.N.T.S. 231 (1972)), the United States entered into a memorandum
of understanding (MOU) with the Republic of Guatemala (Guatemala) on
September 29, 1997, concerning the imposition of import restrictions on
archaeological material from the Pre-Columbian cultures of Guatemala
(the 1997 MOU). The 1997 MOU included among the materials covered by
the restrictions, the archaeological materials from the Peten Region of
Guatemala, then subject to the emergency restrictions imposed by the
former U.S. Customs Service (U.S. Customs and Border Protection's (CBP)
predecessor agency) in Treasury Decision (T.D.) 91-34 (56 FR 15181
(April 15, 1991)). These emergency import restrictions were imposed
pursuant to 19 U.S.C. 2603(c) and 19 CFR 12.104g(b) and effective for a
period of five years. They were subsequently extended pursuant to 19
U.S.C. 2603(c)(3), for a three-year period by publication of T.D. 94-84
in the Federal Register (59 FR 54817 (November 2, 1994)).
On October 3, 1997, the former U.S. 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.
Import restrictions listed at 19 CFR 12.104g(a) are effective for
no more than five years beginning on the date on which an agreement
enters into force with respect to the United States. This period may be
extended for additional periods of no more than five years if it is
determined that the factors which justified the agreement still pertain
and no cause for suspension of the agreement exists. See 19 CFR
12.104g(a).
Since the initial final rule was published on October 3, 1997, the
import restrictions were subsequently extended and/or amended four (4)
times. First, on September 30, 2002, the former U.S. Customs Service
published a final rule (T.D. 02-56) in the Federal Register (67 FR
61259) to extend the import restrictions for an additional five-year
period.
Second, on September 26, 2007, CBP published a final rule (CBP Dec.
07-79) in the Federal Register (72 FR 54538) to extend the import
restrictions for an additional five-year period.
Third, on September 28, 2012, CBP published a final rule (CBP Dec.
12-17) in the Federal Register (77 FR 59541) amending the CBP
regulations to reflect the extension of import restrictions on
archaeological materials and the addition of ecclesiastical
ethnological materials of the Conquest and Colonial Periods of
Guatemala, c. A.D. 1524 to 1821.
Fourth and lastly, on September 28, 2017, CBP published a final
rule (CBP Dec. 17-14) in the Federal Register (82 FR 45178) to extend
the import restrictions for an additional five-year period through
September 28, 2022.
On January 6, 2022, the United States Department of State proposed
in the Federal Register (87 FR 792) to extend the 1997 MOU between the
United States and Guatemala concerning the import restrictions on
certain categories of archaeological and ecclesiastical ethnological
material from Guatemala. On May 5, 2022, after considering the views
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 Guatemala
continues to be in jeopardy from pillage of certain archeological and
ecclesiastical ethnological materials, and that the import restrictions
should be extended for an additional five years, pursuant to 19 U.S.C.
2602(e). Pursuant to the new agreement, the existing import
restrictions will remain in effect for an additional five years through
September 28, 2027.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions. The restrictions on the
importation of archaeological and ecclesiastical ethnological material
are to continue to be in effect through September 28, 2027. Importation
of such material from Guatemala continues to be restricted through that
date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR
12.104c are met.
The Designated List and additional information may also be found at
the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions by
selecting the material for ``Guatemala.''
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
under 5 U.S.C. 553(a)(1). 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 Order 12866
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 because it pertains
to a foreign affairs function of the United States, as described above,
and therefore is specifically exempted by section 3(d)(2) of Executive
Order 12866.
Signing Authority
This regulation is being issued in accordance with 19 CFR
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or
that of his/her delegate) to approve regulations related to customs
revenue functions.
Chris Magnus, the Commissioner of CBP, having reviewed and approved
this document, has delegated the authority to electronically sign this
document to Robert F. Altneu, who is the Director of the Regulations
and Disclosure Law Division for CBP, for
[[Page 58729]]
purposes of publication in the Federal Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and inspection, Imports,
Prohibited merchandise, and Reporting and recordkeeping requirements.
Amendment to the 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.
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Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
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2. In Sec. 12.104g, amend the table in paragraph (a) by revising the
entry for Guatemala to read as follows:
Sec. 12.104g Specific items or categories designated by agreements or
emergency actions.
(a) * * *
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State party Cultural property Decision No.
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Guatemala..................... Archaeological CBP Dec. 12-17
material, c. 12,000 extended by CBP
B.C. to A.D. 1524, Dec. 22-24.
and Hispanic period
ecclesiastical
ethnological
material, c. A.D.
1524 to 1821.
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Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade, U.S. Customs and Border Protection.
Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2022-20958 Filed 9-27-22; 8:45 am]
BILLING CODE 9111-14-P