U.S. Munitions Import List and Import Restrictions Applicable to Certain Countries (2005R-5P), 72936-72938 [E7-24910]
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72936
Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations
that all of the component members of a
controlled group of corporations apply
such paragraph (c).
(iii) Paragraph (e) of this section.
Paragraph (e) of this section applies to
any taxable year beginning on or after
December 26, 2007. However, taxpayers
may apply paragraph (e) of this section
to any Federal income tax return filed
on or after December 26, 2007.
(2) Expiration dates. The applicability
of paragraph (c) of this section will
expire on December 21, 2009. The
applicability of paragraphs (a), (b) and
(e) of this section will expire on
December 21, 2010.
I Par. 6. Section 1.1563–1T is amended
by revising the heading and paragraphs
(b)(1), (b)(2)(i), (b)(2)(ii) introductory
text, (b)(3), and (e) to read as follows:
§ 1.1563–1T Definition of controlled group
of corporations and component members
and related concepts (temporary).
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(b) Component members—(1) In
general—(i) Definition. For purposes of
sections 1561 through 1563, a
corporation is with respect to its taxable
year a component member of a
controlled group of corporations for the
group’s testing date if such
corporation—
(A) Is a member of such controlled
group on such testing date and is not
treated as an excluded member under
paragraph (b)(2) of this section; or
(B) Is not a member of such controlled
group on such testing date but is treated
as an additional member under
paragraph (b)(3) of this section.
(ii) Member of a controlled group of
corporations. For purposes of sections
1561 through 1563, a member of a
controlled group is a corporation
connected with other member(s) of a
controlled group under the stock
ownership rules and the stock
qualification rules set forth in section
1563. Under the above rules, for a
corporation to qualify as a component
member of the group with respect to a
group’s December 31st testing date (or
the short-year testing date for a shortyear member), that corporation does not
have to be a member of that group on
that group’s testing date. In addition, a
corporation that is a member of a
controlled group on the group’s testing
date does not necessarily qualify as a
component member of that group with
respect to that testing date.
(iii) Additional concepts used in
applying the controlled group rules—
(A) Testing date is the date used for
determining the status of controlled
group members as either component
members or excluded members. That
testing date is then also used to
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18:48 Dec 21, 2007
Jkt 214001
determine which taxable years of those
component members are to be subjected
to the controlled group rules. Generally,
a member’s testing date is the December
31st date included within that member’s
taxable year, whether such member is
on a calendar or fiscal taxable year.
However, if a component member of a
controlled group has a short taxable year
that does not include a December 31st
date, then the last day of that short
taxable year becomes that member’s
testing date; and
(B) Testing period is the time period
used for determining the status of
controlled group members as either
component members or excluded
members. The testing period begins on
the first day of a member’s taxable year
and ends on the day before its testing
date (Generally, the testing date is
December 31st, but for a component
member having a short taxable year not
ending on December 31st, the testing
date for the short taxable year of that
member (and only that member)
becomes the last day of that member’s
short taxable year). Thus, for a member
on a fiscal taxable year, the portion of
its taxable year beginning after
December 31st and ending on the last
day of its taxable year is not taken into
account for determining its status as a
component member or an excluded
member.
(2) Excluded members—(i) A
corporation, which is a member of a
controlled group of corporations on the
group’s testing date, a date included
within that member’s taxable year, but
who was a member of such group for
less than one-half of the number of days
of its testing period, shall be treated as
an excluded member of such group for
that group’s testing date.
(ii) A corporation which is a member
of a controlled group of corporations on
a testing date shall be treated as an
excluded member of such group on such
date if, for its taxable year including
such date, such corporation is—
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(3) Additional members. A
corporation shall be treated as an
additional member of a controlled group
of corporations, that is, an additional
component member, on the group’s
testing date if it—
(i) Is not a member of such group on
such date;
(ii) Is not described, with respect to
such taxable year, in paragraph
(b)(2)(ii)(A), (B), (C), (D), or (E) of this
section; and
(iii) Was a member of such group for
one-half (or more) of the number of days
in its testing period.
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(e) Effective date—(1) Applicability
date. Paragraph (b) of this section
applies to any taxable year beginning on
or after December 26, 2007. However,
taxpayers may apply paragraph (b) of
this section to any Federal income tax
return filed on or after December 26,
2007. Paragraphs (a) and (b) (as
contained in 26 CFR part 1 in effect on
April 1, 2007), and paragraphs (c)(1),
(c)(2)(iv) and (d) of this section apply to
taxable years beginning on or after
December 22, 2006. However, taxpayers
may apply the paragraphs described in
the preceding sentence to any Federal
income tax return filed on or after
December 22, 2006. Paragraphs (c)(2)(i)
through (iii) of this section apply to any
original Federal income tax return
(including any amended return filed on
or before the due date (including
extensions) of such original return)
timely filed on or after May 30, 2006.
(2) Expiration date. The applicability
of paragraph (b) of this section will
expire on December 21, 2010. The
applicability of paragraphs (a) and (b)
(as contained in 26 CFR part 1 in effect
on April 1, 2007), and paragraphs (c)(1),
(c)(2)(iv) and (d) of this section will
expire on December 21, 2009. The
applicability of paragraphs (c)(2)(i)
through (iii) of this section will expire
on May 26, 2009.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: December 17, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–24874 Filed 12–21–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Part 447
[Docket No. ATF–9F; AG Order No. 2922—
2007]
RIN 1140–AA29
U.S. Munitions Import List and Import
Restrictions Applicable to Certain
Countries (2005R–5P)
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule conforms the
regulations in 27 CFR Part 447 to the
revised International Traffic in Arms
E:\FR\FM\26DER1.SGM
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Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations
mstockstill on PROD1PC66 with RULES
Regulations by amending the list of
countries from which the importation of
defense articles into the United States is
proscribed by adding Afghanistan and
removing South Africa and some of the
states composing the former Soviet
Union (Armenia, Azerbaijan and
Tajikistan). The rule also removes the
arms embargo against the countries of
Serbia and Montenegro. It also clarifies
an outdated reference in the regulations
to Zaire, currently known as the
‘‘Democratic Republic of the Congo,’’
and makes a miscellaneous technical
amendment to the regulations.
DATES: This rule is effective December
26, 2007.
FOR FURTHER INFORMATION CONTACT:
Lawrence G. White; Firearms and
Explosives Imports Branch; Bureau of
Alcohol, Tobacco, Firearms, and
Explosives; U.S. Department of Justice;
99 New York Avenue, NE., Washington,
DC 20226; (202) 648–7113.
SUPPLEMENTARY INFORMATION:
Background
The Arms Export Control Act of 1976
(‘‘AECA’’), 22 U.S.C. 2778, gives the
President of the United States the
authority to control the import and
export of defense articles and defense
services. The Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(‘‘ATF’’) is responsible for administering
the import provisions of the AECA.
Importation regulations issued under
this law are in 27 CFR Part 447.
Executive Order (‘‘E.O.’’) 11958 of
January 18, 1977 (42 FR 4311, Jan. 24,
1977), as amended by E.O. 13284 of
January 23, 2003 (68 FR 4075, Jan. 28,
2003), delegated authority to control
exports of defense articles and defense
services to the Secretary of State. The
Executive Order also delegated to the
Attorney General the authority to
control the import of such articles and
services. However, as stated in 27 CFR
447.55, ATF is guided by the views of
the Secretaries of State and Defense on
matters affecting world peace and the
external security and foreign policy of
the United States. After consulting the
Department of State, ATF is revising the
provisions of 27 CFR Part 447 to
conform to the International Traffic in
Arms Regulations (22 CFR Parts 120–
130).
On March 17, 2005, the Department of
State informed ATF that on August 27,
1994, the Department of State rescinded
the sanctions on trade in defense
articles and services from South Africa
and technical data relating to defense
articles from South Africa as set forth in
Category XXII of the U.S. Munitions
Import List, 27 CFR 447.21. In an open
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18:48 Dec 21, 2007
Jkt 214001
letter, dated July 11, 2005, ATF advised
federally licensed firearms importers
and registered importers of this change
and that it planned to revise § 447.21.
Accordingly, this rule amends § 447.21
by removing Category XXII and the
reference to Category XXII in the
definition of ‘‘Defense articles’’ in
§ 447.11.
On March 28, 2003, the Department of
State advised ATF of the publication of
a final rule on March 29, 2002 (67 FR
15101), formally removing Armenia and
Azerbaijan from the list of proscribed
destinations for the exports and imports
of defense articles and defense services.
ATF is therefore amending 27 CFR Part
447 to conform to this change.
The Department of State also advised
ATF of the publication of a final rule on
January 9, 2002 (67 FR 1074), formally
removing Tajikistan, Serbia and
Montenegro (formerly known as the
Federal Republic of Yugoslavia) from
the arms embargo with the United
States. Accordingly, the list of
proscribed countries in part 447 is being
amended to reflect this change in
foreign policy.
On November 20, 2005, the
Department of State advised ATF of the
publication of a final rule on June 27,
1996 (61 FR 33313), formally adding
Afghanistan to the list of proscribed
countries for the exports and imports of
defense articles and defense services.
ATF is therefore amending 27 CFR Part
447 to conform to this change.
The Department is also taking this
opportunity to clarify an outdated
reference contained in § 447.52(a).
‘‘Zaire’’ is currently listed as a country
to which the United States maintains an
arms embargo and this listing is
amended to read ‘‘the Democratic
Republic of the Congo.’’
The Department also is making a
technical amendment to § 447.52 to
indicate the current phone number for
ATF’s Firearms and Explosives Imports
Branch.
How This Document Complies With the
Federal Administrative Requirements
for Rulemaking
A. Executive Order 12866
Because the amendments to 27 CFR
Part 447 involve a foreign affairs
function of the United States, Executive
Order 12866 does not apply.
B. Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
Frm 00039
Fmt 4700
Sfmt 4700
on the distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, the Attorney General has
determined that this regulation does not
have sufficient federalism implications
to warrant the preparation of a
federalism summary impact statement.
C. Executive Order 12988
This regulation meets the applicable
standards set forth in subsections 3(a)
and 3(b)(2) of Executive Order 12988.
D. Administrative Procedure Act
As reflected in 27 CFR 447.54,
amendments made to 27 CFR Part 447
are excluded from the rulemaking
provisions of 5 U.S.C. 553 because this
part involves a foreign affairs function
of the United States. Accordingly, it is
not necessary to issue this rule using the
notice and public procedure set forth in
5 U.S.C. 553(b), and the requirement of
a delayed effective date in 5 U.S.C.
553(d) does not apply.
E. Regulatory Flexibility Act
The provisions of the Regulatory
Flexibility Act relating to an initial and
final regulatory flexibility analysis are
not applicable to this rule because the
agency was not required to publish a
general notice of proposed rulemaking
under 5 U.S.C. 553 or any other law.
F. Small Business Regulatory
Enforcement Fairness Act of 1996
Miscellaneous Amendments
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72937
This rule is not a ‘‘major rule,’’ as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804. This
rule will not result in an annual effect
on the economy of $100 million or
more; a major increase in costs or prices;
or significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
G. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
E:\FR\FM\26DER1.SGM
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72938
Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations
H. Paperwork Reduction Act
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR Part
1320, do not apply to this rule because
there are no reporting or recordkeeping
requirements.
Congo, Haiti, Liberia, Rwanda, Somalia,
Sudan, and UNITA (Angola)).
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*
document in an alternative format
should be made to the Publications
Information Center at 1–800–669–3362.
Dated: December 17, 2007.
Michael B. Mukasey,
Attorney General.
[FR Doc. E7–24910 Filed 12–21–07; 8:45 am]
Employersponsored retiree health benefits
provide a much-needed source of health
coverage for older Americans at a time
when their health care needs are
greatest. Without employer-sponsored
retiree health benefits, many retirees are
forced to go without health benefits
between the time they retire and the
time they become eligible for Medicare.
Older retirees also rely on employersponsored retiree health benefits to
cover medical costs that are not covered
by Medicare.
Employers are not legally obligated to
provide retiree health benefits, and
many do not. Moreover, over the past
several years, the number of employers
who offer such benefits has begun to
decline. According to an independent
study by the United States General
Accounting Office (GAO), about onethird of large employers and less than
10% of small employers offered their
retirees health benefits in 2000,
compared to about 70% of employers in
the 1980s.2 Of those employers that do
offer coverage, many ‘‘have reduced the
terms of coverage by tightening
eligibility requirements, increasing the
share of premiums retirees pay for
health benefits, or increasing
copayments and deductibles—thus
contributing to a gradual erosion of
benefits.’’ 3
Rising health care costs, larger
numbers of workers nearing retirement
age, and mandated changes in the way
employers must account for the longterm costs of providing retiree health
coverage have been substantial factors
contributing to the erosion of this
valuable employment benefit. However,
the Equal Employment Opportunity
Commission (Commission or EEOC)
believes that concern about the potential
application of the Age Discrimination in
Employment Act of 1967, 29 U.S.C. 621
et seq. (ADEA or Act) to employersponsored retiree health benefits also
has adversely affected the availability of
this benefit. A wide range of
stakeholders, including labor
organizations, benefits consultants, state
and local governments, and private
employers, agree that ADEA concerns
have created an additional incentive to
reduce or eliminate employer-sponsored
retiree health benefits.
BILLING CODE 4410–FY–P
Drafting Information
The author of this document is
Elizabeth Gillis; Enforcement Programs
and Services; Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
List of Subjects in 27 CFR Part 447
RIN 3046–AA72
Administrative practice and
procedure, Arms control, Arms and
munitions, Authority delegation,
Chemicals, Customs duties and
inspection, Imports, Penalties,
Reporting and recordkeeping
requirements, Scientific equipment,
Seizures and forfeitures.
Age Discrimination in Employment
Act; Retiree Health Benefits
U.S. Equal Employment
Opportunity Commission
ACTION: Final rule.
AGENCY:
Authority and Issuance
Accordingly, for the reasons discussed
in the preamble, 27 CFR Part 447 is
amended as follows:
I
PART 447—IMPORTATION OF ARMS,
AMMUNITION AND IMPLEMENTS OF
WAR
1. The authority citation for 27 CFR
Part 447 continues to read as follows:
I
Authority: 22 U.S.C. 2778.
§ 447.11
[Amended]
2. Section 447.11 is amended by
removing the last sentence in the
definition of the term ‘‘Defense
articles’’.
I
§ 447.21
[Amended]
3. Section 447.21 is amended by
removing Category XXII (South Africa)
in its entirety from the U.S. Munitions
Import List.
I 4. Section 447.52 is amended by
revising the second and third sentences
in paragraph (a), and by removing
‘‘(202) 927–8320’’ in the ‘‘Note’’ at the
end of paragraph (a) and adding in its
place ‘‘(304) 616–4550’’, to read as
follows:
I
mstockstill on PROD1PC66 with RULES
§ 447.52 Import restrictions applicable to
certain countries.
(a) * * * This policy applies to
Afghanistan, Belarus (one of the states
composing the former Soviet Union),
Cuba, Iran, Iraq, Libya, Mongolia, North
Korea, Sudan, Syria, and Vietnam. This
policy applies to countries or areas with
respect to which the United States
maintains an arms embargo (e.g., Burma,
China, the Democratic Republic of the
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18:48 Dec 21, 2007
Jkt 214001
29 CFR Parts 1625 and 1627
SUMMARY: The Equal Employment
Opportunity Commission is publishing
this final rule so that employers may
create, adopt, and maintain a wide range
of retiree health plan designs, such as
Medicare bridge plans and Medicare
wrap-around plans, without violating
the Age Discrimination in Employment
Act of 1967 (ADEA). To address
concerns that the ADEA may be
construed to create an incentive for
employers to eliminate or reduce retiree
health benefits, EEOC is creating a
narrow exemption from the prohibitions
of the ADEA for the practice of
coordinating employer-sponsored
retiree health benefits with eligibility for
Medicare or a comparable State health
benefits program.1 The rule does not
otherwise affect an employer’s ability to
offer health or other employment
benefits to retirees, consistent with the
law.
DATES: Effective December 26, 2007.
FOR FURTHER INFORMATION CONTACT:
Raymond Peeler, Senior Attorney
Advisor, at (202) 663–4537 (voice) or
Dianna B. Johnston, Assistant Legal
Counsel, at (202) 663–4637 (voice) or
(202) 663–7026 (TTY) (These are not toll
free numbers). This final rule is also
available in the following formats: large
print, braille, audio tape, and electronic
file on computer disk. Requests for this
1 The EEOC recognizes that eligibility for
Medicare and comparable state health benefits is
not necessarily limited to retirees. As explained
below, this rule only concerns application of the
Age Discrimination in Employment Act to
employer-sponsored retiree health benefits for
individuals who also happen to be eligible to
participate in Medicare or a comparable state health
benefit. Individuals who are eligible for and/or
receive Medicare or comparable state health
benefits, but who are not retired, are not affected
by this rule.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
2 U.S. GENERAL ACCOUNTING OFFICE,
‘‘Retiree Health Benefits: Employer-Sponsored
Benefits May Be Vulnerable to Further Erosion,’’
GAO Doc. No. GAO–01–374 (May 2001).
3 Id., at 6.
E:\FR\FM\26DER1.SGM
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Agencies
[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 72936-72938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24910]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 447
[Docket No. ATF-9F; AG Order No. 2922--2007]
RIN 1140-AA29
U.S. Munitions Import List and Import Restrictions Applicable to
Certain Countries (2005R-5P)
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule conforms the regulations in 27 CFR Part 447 to
the revised International Traffic in Arms
[[Page 72937]]
Regulations by amending the list of countries from which the
importation of defense articles into the United States is proscribed by
adding Afghanistan and removing South Africa and some of the states
composing the former Soviet Union (Armenia, Azerbaijan and Tajikistan).
The rule also removes the arms embargo against the countries of Serbia
and Montenegro. It also clarifies an outdated reference in the
regulations to Zaire, currently known as the ``Democratic Republic of
the Congo,'' and makes a miscellaneous technical amendment to the
regulations.
DATES: This rule is effective December 26, 2007.
FOR FURTHER INFORMATION CONTACT: Lawrence G. White; Firearms and
Explosives Imports Branch; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; U.S. Department of Justice; 99 New York Avenue, NE.,
Washington, DC 20226; (202) 648-7113.
SUPPLEMENTARY INFORMATION:
Background
The Arms Export Control Act of 1976 (``AECA''), 22 U.S.C. 2778,
gives the President of the United States the authority to control the
import and export of defense articles and defense services. The Bureau
of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') is responsible
for administering the import provisions of the AECA. Importation
regulations issued under this law are in 27 CFR Part 447.
Executive Order (``E.O.'') 11958 of January 18, 1977 (42 FR 4311,
Jan. 24, 1977), as amended by E.O. 13284 of January 23, 2003 (68 FR
4075, Jan. 28, 2003), delegated authority to control exports of defense
articles and defense services to the Secretary of State. The Executive
Order also delegated to the Attorney General the authority to control
the import of such articles and services. However, as stated in 27 CFR
447.55, ATF is guided by the views of the Secretaries of State and
Defense on matters affecting world peace and the external security and
foreign policy of the United States. After consulting the Department of
State, ATF is revising the provisions of 27 CFR Part 447 to conform to
the International Traffic in Arms Regulations (22 CFR Parts 120-130).
On March 17, 2005, the Department of State informed ATF that on
August 27, 1994, the Department of State rescinded the sanctions on
trade in defense articles and services from South Africa and technical
data relating to defense articles from South Africa as set forth in
Category XXII of the U.S. Munitions Import List, 27 CFR 447.21. In an
open letter, dated July 11, 2005, ATF advised federally licensed
firearms importers and registered importers of this change and that it
planned to revise Sec. 447.21. Accordingly, this rule amends Sec.
447.21 by removing Category XXII and the reference to Category XXII in
the definition of ``Defense articles'' in Sec. 447.11.
On March 28, 2003, the Department of State advised ATF of the
publication of a final rule on March 29, 2002 (67 FR 15101), formally
removing Armenia and Azerbaijan from the list of proscribed
destinations for the exports and imports of defense articles and
defense services. ATF is therefore amending 27 CFR Part 447 to conform
to this change.
The Department of State also advised ATF of the publication of a
final rule on January 9, 2002 (67 FR 1074), formally removing
Tajikistan, Serbia and Montenegro (formerly known as the Federal
Republic of Yugoslavia) from the arms embargo with the United States.
Accordingly, the list of proscribed countries in part 447 is being
amended to reflect this change in foreign policy.
On November 20, 2005, the Department of State advised ATF of the
publication of a final rule on June 27, 1996 (61 FR 33313), formally
adding Afghanistan to the list of proscribed countries for the exports
and imports of defense articles and defense services. ATF is therefore
amending 27 CFR Part 447 to conform to this change.
Miscellaneous Amendments
The Department is also taking this opportunity to clarify an
outdated reference contained in Sec. 447.52(a). ``Zaire'' is currently
listed as a country to which the United States maintains an arms
embargo and this listing is amended to read ``the Democratic Republic
of the Congo.''
The Department also is making a technical amendment to Sec. 447.52
to indicate the current phone number for ATF's Firearms and Explosives
Imports Branch.
How This Document Complies With the Federal Administrative Requirements
for Rulemaking
A. Executive Order 12866
Because the amendments to 27 CFR Part 447 involve a foreign affairs
function of the United States, Executive Order 12866 does not apply.
B. Executive Order 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, the Attorney General has determined that this
regulation does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement.
C. Executive Order 12988
This regulation meets the applicable standards set forth in
subsections 3(a) and 3(b)(2) of Executive Order 12988.
D. Administrative Procedure Act
As reflected in 27 CFR 447.54, amendments made to 27 CFR Part 447
are excluded from the rulemaking provisions of 5 U.S.C. 553 because
this part involves a foreign affairs function of the United States.
Accordingly, it is not necessary to issue this rule using the notice
and public procedure set forth in 5 U.S.C. 553(b), and the requirement
of a delayed effective date in 5 U.S.C. 553(d) does not apply.
E. Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis are not applicable to
this rule because the agency was not required to publish a general
notice of proposed rulemaking under 5 U.S.C. 553 or any other law.
F. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a ``major rule,'' as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
G. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
[[Page 72938]]
H. Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
Part 1320, do not apply to this rule because there are no reporting or
recordkeeping requirements.
Drafting Information
The author of this document is Elizabeth Gillis; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
List of Subjects in 27 CFR Part 447
Administrative practice and procedure, Arms control, Arms and
munitions, Authority delegation, Chemicals, Customs duties and
inspection, Imports, Penalties, Reporting and recordkeeping
requirements, Scientific equipment, Seizures and forfeitures.
Authority and Issuance
0
Accordingly, for the reasons discussed in the preamble, 27 CFR Part 447
is amended as follows:
PART 447--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR
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1. The authority citation for 27 CFR Part 447 continues to read as
follows:
Authority: 22 U.S.C. 2778.
Sec. 447.11 [Amended]
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2. Section 447.11 is amended by removing the last sentence in the
definition of the term ``Defense articles''.
Sec. 447.21 [Amended]
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3. Section 447.21 is amended by removing Category XXII (South Africa)
in its entirety from the U.S. Munitions Import List.
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4. Section 447.52 is amended by revising the second and third sentences
in paragraph (a), and by removing ``(202) 927-8320'' in the ``Note'' at
the end of paragraph (a) and adding in its place ``(304) 616-4550'', to
read as follows:
Sec. 447.52 Import restrictions applicable to certain countries.
(a) * * * This policy applies to Afghanistan, Belarus (one of the
states composing the former Soviet Union), Cuba, Iran, Iraq, Libya,
Mongolia, North Korea, Sudan, Syria, and Vietnam. This policy applies
to countries or areas with respect to which the United States maintains
an arms embargo (e.g., Burma, China, the Democratic Republic of the
Congo, Haiti, Liberia, Rwanda, Somalia, Sudan, and UNITA (Angola)).
* * * * *
Dated: December 17, 2007.
Michael B. Mukasey,
Attorney General.
[FR Doc. E7-24910 Filed 12-21-07; 8:45 am]
BILLING CODE 4410-FY-P