Importation of Arms, Ammunition and Defense Articles-Removal of Certain Defense Articles Currently on the U.S. Munitions Import List That No Longer Warrant Import Control Under the Arms Export Control Act (2011R-25P), 17024-17029 [2014-06778]
Download as PDF
<![CDATA[
17024
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations
Annual Update of Filing Fees
(Issued March 20, 2014)
The Federal Energy Regulatory
Commission (Commission) is issuing
this notice to update filing fees that the
Commission assesses for specific
services and benefits provided to
identifiable beneficiaries. Pursuant to 18
CFR 381.104, the Commission is
establishing updated fees on the basis of
the Commission’s Fiscal Year 2013
costs. The adjusted fees announced in
this notice are effective April 28, 2014.
The Commission has determined, with
the concurrence of the Administrator of
the Office of Information and Regulatory
Affairs of the Office of Management and
Budget, that this final rule is not a major
rule within the meaning of section 251
of Subtitle E of Small Business
Regulatory Enforcement Fairness Act, 5
U.S.C. 804(2). The Commission is
submitting this final rule to both houses
of the United States Congress and to the
Comptroller General of the United
States.
The new fee schedule is as follows:
Fees Applicable to the Natural Gas Policy Act
1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ......................................................................
Fees Applicable to General Activities
1. Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ................
2. Review of a Department of Energy remedial order:.
Amount in controversy
$ 0–9,999. (18 CFR 381.303(b)) ..................................................................................................................................................
$ 10,000–29,999. (18 CFR 381.303(b)) .......................................................................................................................................
$ 30,000 or more. (18 CFR 381.303(a)) ......................................................................................................................................
3. Review of a Department of Energy denial of adjustment:.
Amount in controversy
$ 0–9,999. (18 CFR 381.304(b)) ..................................................................................................................................................
$ 10,000–29,999. (18 CFR 381.304(b)) .......................................................................................................................................
$ 30,000 or more. (18 CFR 381.304(a)) ......................................................................................................................................
4. Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) ...............................................................
Fees Applicable to Natural Gas Pipelines
1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) .................................................................
Fees Applicable to Cogenerators and Small Power Producers
1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) ..................................................
2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) .....................................................................
* This fee has not been changed.
List of Subjects in 18 CFR Part 381
§ 381.305
Electric power plants, Electric
utilities, Natural gas, Reporting and
recordkeeping requirements.
[Amended]
■
§ 381.403
In consideration of the foregoing, the
Commission amends Part 381, Chapter I,
Title 18, Code of Federal Regulations, as
set forth below.
PART 381—FEES
■
BILLING CODE 6717–01–P
[Amended]
2. In 381.302, paragraph (a) is
amended by removing ‘‘$ 24,370’’ and
adding ‘‘$ 24,260’’ in its place.
3. In 381.303, paragraph (a) is
amended by removing ‘‘$ 35,580’’ and
adding ‘‘$ 35,410’’ in its place.
sroberts on DSK5SPTVN1PROD with RULES
[Amended]
4. In 381.304, paragraph (a) is
amended by removing ‘‘$ 18,650’’ and
adding ‘‘$ 18,570’’ in its place.
■
PO 00000
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Interim final rule with request
for comments.
AGENCY:
The Department of Justice is
amending Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF)
regulations to remove those defense
articles currently on the U.S. Munitions
Import List that ATF by delegation has
determined no longer warrant import
control under the Arms Export Control
Act.
DATES: Effective date: This interim final
rule is effective April 28, 2014.
■
Jkt 232001
RIN 1140–AA45
SUMMARY:
[Amended]
16:40 Mar 26, 2014
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
Importation of Arms, Ammunition and
Defense Articles—Removal of Certain
Defense Articles Currently on the U.S.
Munitions Import List That No Longer
Warrant Import Control Under the
Arms Export Control Act (2011R–25P)
[Amended]
■
VerDate Mar<15>2010
$ 20,860
$ 23,610
§ 381.505
[FR Doc. 2014–06596 Filed 3–26–14; 8:45 am]
§ 381.304
* $ 1,000
[Docket No. ATF–25I; AG Order No. 3423–
2014]
Authority: 15 U.S.C. 717–717w; 16 U.S.C.
791–828c, 2601–2645; 31 U.S.C. 9701; 42
U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App.
U.S.C. 1–85.
§ 381.303
$ 100
$ 600
$ 18,570
$ 6,960
6. Section 381.403 is amended by
removing ‘‘$ 12,130’’ and adding ‘‘$
12,070’’ in its place.
■
7. In 381.505, paragraph (a) is
amended by removing ‘‘$ 20,960’’ and
adding ‘‘$ 20,860’’ in its place and by
removing ‘‘$ 23,720’’ and adding ‘‘$
23,610’’ in its place.
§ 381.302
$ 100
$ 600
$ 35,410
27 CFR Part 447
[Amended]
1. The authority citation for part 381
continues to read as follows:
■
$ 24,260
DEPARTMENT OF JUSTICE
5. In 381.305, paragraph (a) is
amended by removing ‘‘$ 6,990’’ and
adding ‘‘$ 6,960’’ in its place.
Anton C. Porter,
Executive Director.
$ 12,070
Frm 00016
Fmt 4700
Sfmt 4700
E:\FR\FM\27MRR1.SGM
27MRR1
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations
Comment date: Written comments
must be postmarked and electronic
comments must be submitted on or
before June 25, 2014. Commenters
should be aware that the electronic
Federal Docket Management System
will not accept comments after
Midnight Eastern Time on the last day
of the comment period.
ADDRESSES: You may submit comments,
identified by docket number (ATF 25I),
by any of the following methods—
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 648–9741.
• Mail: George M. Fodor, Mailstop
6N–602, Office of Regulatory Affairs,
Enforcement Programs and Services,
Bureau of Alcohol, Tobacco, Firearms,
and Explosives, U.S. Department of
Justice, 99 New York Avenue NE.,
Washington, DC 20226; ATTN: ATF 25I.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to the Federal
eRulemaking portal, https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
George M. Fodor, Office of Regulatory
Affairs, Enforcement Programs and
Services, Bureau of Alcohol, Tobacco,
Firearms, and Explosives, U.S.
Department of Justice, 99 New York
Avenue NE, Washington, DC 20226;
telephone: (202) 648–7070.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with RULES
I. Background
Section 38 of the Arms Export Control
Act of 1976 (AECA), 22 U.S.C. 2778, as
amended, authorizes the President, in
furtherance of world peace and the
security and foreign policy of the United
States, to control the import and the
export of defense articles and defense
services. 22 U.S.C. 2778(a)(1). The
AECA also authorizes the President to
designate those items that shall be
considered defense articles and defense
services for the purposes of section 38,
and to promulgate regulations for the
import and export of such articles and
services. Id.
Through Executive Order 13637 of
March 8, 2013, the President delegated
his AECA authority to the Secretary of
State with respect to the export and
temporary import of defense articles and
VerDate Mar<15>2010
16:40 Mar 26, 2014
Jkt 232001
defense services. E.O. 13637, 78 FR
16129. The International Traffic in Arms
Regulations (ITAR), 22 CFR part 120 et
seq., implement the Secretary of State’s
delegated authority and list the defense
articles and defense services regulated
for export, re-export, and temporary
import by the Secretary of State. The
items so designated constitute the State
Department’s regulatory United States
Munitions List (USML) of the ITAR.
Also through Executive Order 13637,
the President delegated to the Attorney
General the authority under the AECA
to control the permanent import of
defense articles and defense services.
E.O. 13637, 78 FR 16129. In exercising
that authority, the Attorney General
‘‘shall be guided by the views of the
Secretary of State on matters affecting
world peace, and the external security
and foreign policy of the United States.’’
Id. at sec. 1(n)(ii). Controlling the import
of defense articles and defense services
furthers United States foreign policy
and national security interests and is a
foreign affairs function of the U.S.
Government. That executive order also
requires that the Attorney General
obtain the concurrence of the Secretary
of State and the Secretary of Defense
and provide notice to the Secretary of
Commerce for designations, including
changes in designations, of defense
articles and defense services subject to
permanent import control. Id.
To distinguish the regulatory list of
defense articles and defense services
controlled by the Attorney General for
permanent import from the regulatory
list of defense articles and defense
services controlled by the Secretary of
State for export and temporary import,
the list of defense articles and defense
services controlled by the Attorney
General for permanent import is the
United States Munitions Import List
(USMIL). The regulations governing this
list appear at 27 CFR part 447.
The Attorney General delegated
administration of the import provisions
of the AECA to the Director of the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF), subject to the
direction of the Attorney General and
the Deputy Attorney General. 28 CFR
0.130(a). ATF promulgated regulations
that implement the provisions of section
38 of the AECA in 27 CFR part 447.
With guidance from the Department of
State and concurrence from the
Departments of State and Defense
pursuant to Executive Order 13637, ATF
administers the list of items subject to
import control under the USMIL, at 27
CFR 447.21.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
17025
II. The President’s Export Control
Reform Initiative
In August 2009, the President directed
a broad-based interagency review of the
United States export control system in
part to identify additional ways to
enhance national security, better focus
resources on protecting items for export
that need to be protected, and provide
clarity to make it easier for exporters to
comply with regulations and for the
United States Government to administer
and enforce the regulations. As the
result of a comprehensive review of
export controls, it was determined that
certain defense articles and defense
services listed on the USML no longer
warrant control for export purposes by
the Secretary of State pursuant to the
AECA. Pursuant to section 38(f) of the
Arms Export Control Act, those defense
articles are being transferred to the
Department of Commerce’s Commerce
Control List (CCL) for export control
under the authority of the International
Emergency Economic Powers Act, 50
U.S.C. 1701 et seq.
In effecting the President’s export
control reform initiative, the export
control reform interagency task force
identified a way to improve the United
States import control system to enhance
national security and focus resources on
protecting items for import that need to
be protected. Accordingly, the task force
requested ATF to identify those defense
articles that no longer warrant control
on the USMIL.
III. Interim Final Rule
ATF reviewed the USMIL in
accordance with Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review,’’ and the export control reform
interagency task force request. Those
defense articles on the USMIL that ATF
(acting through authority delegated from
the President to the Attorney General,
and in turn delegated by the Attorney
General to ATF) has determined no
longer warrant import control under the
AECA are being removed from the
USMIL. Controlling the permanent
import of defense articles furthers
United States foreign policy and
national security interests and is a
foreign affairs function of the U.S.
Government. This interim final rule
amends the regulations at 27 CFR
447.21 by removing those defense
articles currently on the USMIL
determined to no longer warrant import
control under the AECA.
The Department is removing from the
USMIL Category I—Firearms, paragraph
(e), ‘‘Riflescopes manufactured to
military specifications and specifically
designed or modified components
E:\FR\FM\27MRR1.SGM
27MRR1
sroberts on DSK5SPTVN1PROD with RULES
17026
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations
therefor.’’ The defense articles currently
covered by Category I, paragraph (e) are
readily available through diverse
domestic commercial sources and they
do not present a significant concern for
trafficking or diversion into illicit
channels. The defense articles currently
covered by Category I, paragraph (e) do
not warrant import control under the
AECA. The Department reserves this
paragraph.
In Category III—Ammunition, the
Department is removing and then
reserving paragraphs (c), ‘‘Ammunition
belting and linking machines,’’ and (d),
‘‘Ammunition manufacturing machines
and ammunition loading machines
(except handloading ones).’’ These
defense articles are costly, difficult to
maintain, too heavy for easy transport,
and readily available from domestic
vendors in the United States. These
defense articles do not pose a trafficking
and diversion threat warranting import
control under the AECA.
In addition, in Category IV—Launch
Vehicles, Guided Missiles, Ballistic
Missiles, Rockets, Torpedoes, Bombs
and Mines, the Department is removing
and reserving paragraph (f), ‘‘Ablative
materials fabricated or semi-fabricated
from advanced composites (e.g., silica,
graphite, carbon, carbon/carbon, and
boron filaments) for the articles in this
category that are derived directly from
or specifically developed or modified
for defense articles.’’ Such materials are
a low threat to domestic security and are
readily available in the domestic
market.
In Category VI—Vessels of War and
Special Naval Equipment, the
Department is clarifying paragraph (a) to
read: ‘‘Vessels of War, if they are armed
and equipped with offensive or
defensive weapons systems, including
but not limited to amphibious warfare
vessels, landing craft, mine warfare
vessels, patrol vessels, auxiliary vessels,
service craft, experimental types of
naval ships, and any vessels specifically
designed or modified for military
purposes or other surface vessels
equipped with offensive or defensive
military systems.’’ The new text focuses
precisely on defense articles that might
threaten domestic security or enable
terrorist activities.
Further in Category VI—Vessels of
War and Special Naval Equipment, the
Department is revising paragraph (b) to
read: ‘‘Turrets and gun mounts, special
weapons systems, protective systems,
and other components, parts,
attachments, and accessories
specifically designed or modified for
such articles on combatant vessels.’’ The
new language focuses on defense
articles that might threaten domestic
VerDate Mar<15>2010
16:40 Mar 26, 2014
Jkt 232001
security or enable terrorist activities.
Also in Category VI, the Department is
removing and reserving paragraphs (c)
and (d). Mine sweeping equipment,
harbor entrance detection devices, and
related components and controls have
numerous domestic suppliers and are
low threats to domestic security.
Additionally, the Department is revising
the note in Category VI to clarify that
the examples of vessels of war provided
in Category VI must be armed and
equipped with offensive or defensive
weapon systems to be considered a
defense article on the USMIL.
The Department is updating Category
VII—Tanks and Military Vehicles by
removing and reserving paragraph (g),
‘‘Engines specifically designed or
modified for the vehicles in paragraphs
(a), (b), (c), and (f) of this category.’’ The
defense articles listed in Category VII,
paragraph (g) are substantially the same
as those commercially available in the
domestic market and not likely to be
diverted for criminal use. The
Department is revising paragraph (h)
and including two explanatory notes.
The Department is also adding a new
paragraph (i), with a corresponding new
note to Category VII to clarify that this
category includes within its scope other
ground vehicles that meet four technical
parameters in the Wassenaar
Arrangement’s Munitions List Category
6.
In Category XIV—Toxicological
Agents and Equipment and Radiological
Equipment, the Department is removing
and reserving paragraph (b) (biological
agents) and revising paragraph (c) to
limit regulation to all specifically
designed or modified equipment,
including components, parts,
accessories, and attachments, for
disseminating the articles in paragraph
(a) of this category. The U.S. Department
of Health and Human Services and the
U.S. Department of Agriculture regulate
the import and use of biological agents
under such acts as the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001,
Public Law 107–56, and the Public
Health Security and Bioterrorism
Preparedness and Response Act of 2002,
Public Law 107–188. Therefore,
continued inclusion of these items on
the USMIL is unnecessary to ensure
domestic security. Further, by removing
and reserving paragraph (d) (nuclear
radiation detection and measuring
devices manufactured to military
specification) and paragraph (e)
(components, parts, accessories,
attachments, and associated equipment
specifically designed or modified for the
articles in paragraphs (c) and (d) of this
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
category), the Department recognizes the
domestic availability of these articles
and the associated low threat to
domestic security.
Finally, the Department is updating
policies related to Category XVI—
Nuclear Weapons Design and Test
Equipment, to the extent that imports of
these defense articles are under the
control of the Department of Energy
pursuant to the Atomic Energy Act of
1954, as amended, and the Nuclear Nonproliferation Act of 1978, as amended,
or are government transfers authorized
pursuant to these Acts. The Department
is removing and reserving paragraph (a),
(any article, material, equipment, or
device, which is specifically designed or
modified for use in the design,
development, or fabrication of nuclear
weapons or nuclear explosive devices),
revising paragraph (b) to include
modeling or simulation tools that model
or simulate the environments generated
by nuclear detonations or the effects of
these environments on systems,
subsystems, components, structures, or
humans, and adding an explanatory
note after paragraph (b) to indicate that
Category XVI does not include
equipment, technical data, or services
controlled by the Department of Energy
pursuant to the Atomic Energy Act of
1954, as amended, and the Nuclear NonProliferation Act of 1978, as amended,
or are government transfers authorized
pursuant to these Acts.
Pursuant to Executive Order 13637,
the Department of State and the
Department of Defense have concurred
on this interim final rule amending the
USMIL.
IV. Statutory and Executive Order
Review
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 Federal
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, ‘‘Federalism’’, the
Attorney General has determined that
this regulation does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement.
E:\FR\FM\27MRR1.SGM
27MRR1
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations
C. Executive Order 12988
This regulation meets the applicable
standards set forth in subsections 3(a)
and 3(b)(2) of Executive Order 12988,
‘‘Civil Justice Reform.’’
D. Administrative Procedure Act
As reflected in 27 CFR 447.54,
amendments made to 27 CFR part 447
are exempt from the rulemaking
provisions of 5 U.S.C. 553 because this
part involves a foreign affairs function
of the United States. See 5 U.S.C.
553(a)(1). 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. The Department
of Justice nevertheless wishes to provide
the public with an opportunity to
participate in the regulatory process and
provide feedback pursuant to Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review.’’ Accordingly,
the Department is publishing this rule
as an interim final rule with a 90-day
provision for public comment and
without prejudice to its determination
that controlling the import of defense
articles is a foreign affairs function of
the United States Government.
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 interim final rule
because the Department is not
publishing the rule as a general notice
of proposed rulemaking under 5 U.S.C.
553 or any other law. See 5 U.S.C. 601
et seq.
sroberts on DSK5SPTVN1PROD with RULES
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 is not likely to 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 the ability
of United States-based enterprises to
compete with foreign-based enterprises
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
VerDate Mar<15>2010
16:40 Mar 26, 2014
Jkt 232001
17027
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.
law shall be set forth on pages separate
from the balance of the comment and
shall be prominently marked
‘‘confidential’’ at the top of each page.
Confidential information will be
included in the rulemaking record but
will not be disclosed to the public. Any
comments containing material that is
not confidential under law may be
disclosed to the public. In any event, the
name of the person submitting a
comment is not exempt from disclosure.
Public Participation
C. Submitting Comments
A. Comments Sought
Comments may be submitted in any of
three ways:
• Mail: Send written comments to the
address listed in the ADDRESSES section
of this document. Written comments
must appear in minimum 12 point font
size (.17 inches), include your mailing
address, and be signed, and may be of
any length.
• Facsimile: You may submit
comments by facsimile transmission to
(202) 648–9741. Faxed comments must:
(1) Be legible and appear in minimum
12 point font size (.17 inches);
(2) Be on 81⁄2″ x 11″ paper;
(3) Contain a legible, written
signature; and
(4) Be no more than five pages long.
ATF will not accept faxed comments
that exceed five pages.
• Federal eRulemaking Portal: To
submit comments to ATF via the federal
eRulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995. See 2 U.S.C. 1501 et seq.
H. Paperwork Reduction Act
The Department is requesting
comments on the interim final rule from
all interested persons. The Department
is also specifically requesting comments
on the clarity of this interim final rule
and how it may be made easier to
understand.
All comments must reference this
document docket number (ATF 25I), be
legible, and include your name and
mailing address. The Department will
treat all comments as originals and will
not acknowledge receipt of comments.
Comments received on or before the
closing date will be carefully
considered. Comments received after
that date will be given the same
consideration if it is practical to do so,
but assurance of consideration cannot
be given except as to comments received
on or before the closing date.
B. Confidentiality
Comments, whether submitted
electronically or on paper, will be made
available for public viewing at ATF, and
on the Internet as part of the
eRulemaking initiative, and are subject
to the Freedom of Information Act.
Commenters who do not want their
name or other personal identifying
information posted on the Internet
should submit their comment by mail or
facsimile, along with a separate cover
sheet that contains their personal
identifying information. Both the cover
sheet and comment must reference this
docket number. Information contained
in the cover sheet will not be posted on
the Internet. Any personal identifying
information that appears within the
comment will be posted on the Internet
and will not be redacted by ATF.
Any material that the commenter
considers to be inappropriate for
disclosure to the public should not be
included in the comment. Any person
submitting a comment shall specifically
designate that portion (if any) of the
comment that contains material that is
confidential under law (e.g., trade
secrets, processes, etc.). Any portion of
a comment that is confidential under
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Disclosure
Copies of this interim rule and the
comments received will be available for
public inspection online at
www.regulations.gov and by
appointment during normal business
hours at: ATF Reading Room, Room 1E–
062, 99 New York Avenue NE.,
Washington, DC 20226, telephone (202)
648–8740.
Drafting Information
The author of this document is George
M. Fodor, Office of Regulatory Affairs,
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.
E:\FR\FM\27MRR1.SGM
27MRR1
17028
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, part 447 of
title 27 of the Code of Federal
Regulations is amended as follows:
PART 447—IMPORTATION OF ARMS,
AMMUNITION AND DEFENSE
ARTICLES
1. The authority citation for 27 CFR
part 447 continues to read as follows:
■
Authority: 22 U.S.C. 2778.
2. Amend § 447.21 as follows:
a. In Category I, remove and reserve
paragraph (e).
■ b. In Category III, remove and reserve
paragraphs (c) and (d).
■ c. In Category IV, remove and reserve
paragraph (f).
■ d. In Category VI:
■ (1) Revise paragraph (a);
■ (2) Revise paragraph (b);
■ (3) Remove and reserve paragraphs (c)
and (d); and
■ (4) Revise the introductory text of the
‘‘Note’’ after paragraph (e).
■ e. In Category VII:
■ (1) Remove and reserve paragraph (g);
■ (2) Revise paragraph (h);
■ (3) Add a new paragraph (i) after
paragraph (h);
■ (4) Revise the ‘‘Note’’ that now
appears after the newly inserted
paragraph (i); and
■ (5) Add a second ‘‘Note’’ and a third
‘‘Note’’ after the newly inserted
paragraph (i).
■ f. In Category XIV:
■ (1) Remove and reserve paragraph (b);
■ (2) Revise paragraph (c); and
■ (3) Remove and reserve paragraphs (d)
and (e).
■ g. In Category XVI:
■ (1) Remove and reserve paragraph (a);
■ (2) Revise paragraph (b); and
■ (3) Add a ‘‘Note’’ after paragraph (b).
These amendments to § 447.21 read as
follows:
■
■
§ 447.21
*
*
The U.S. Munitions Import List.
*
*
*
CATEGORY I—FIREARMS
*
*
*
*
(e) [Reserved]
*
*
*
*
*
*
CATEGORY III—AMMUNITION
sroberts on DSK5SPTVN1PROD with RULES
*
*
*
*
(c) [Reserved]
(d) [Reserved]
*
*
*
*
*
*
CATEGORY IV—LAUNCH VEHICLES,
GUIDED MISSILES, BALLISTIC
MISSILES, ROCKETS, TORPEDOES,
BOMBS AND MINES
*
*
*
VerDate Mar<15>2010
*
*
16:40 Mar 26, 2014
Jkt 232001
*
(f) [Reserved]
*
*
*
*
CATEGORY VI—VESSELS OF WAR
AND SPECIAL NAVAL EQUIPMENT
(a) Vessels of War, if they are armed
and equipped with offensive or
defensive weapon systems, including
but not limited to amphibious warfare
vessels, landing craft, mine warfare
vessels, patrol vessels, auxiliary vessels,
service craft, experimental types of
naval ships, and any vessels specifically
designed or modified for military
purposes or other surface vessels
equipped with offensive or defensive
military systems.
(b) Turrets and gun mounts, special
weapons systems, protective systems,
and other components, parts,
attachments, and accessories
specifically designed or modified for
such articles on combatant vessels.
(c) [Reserved]
(d) [Reserved]
(e) * * *
Note: The term ‘‘vessels of war’’ includes,
but is not limited to, the following, if armed
and equipped with offensive or defensive
weapons systems:’’.
*
*
*
*
*
CATEGORY VII—TANKS AND
MILITARY VEHICLES
*
*
*
*
*
(g) [Reserved]
(h) Tank and military vehicle parts,
components, accessories, attachments,
and associated equipment for offensive
or defensive systems for the articles in
this category, as follows:
(1) Armored hulls, armored turrets
and turret support rings;
(2) Active protection systems (i.e.,
defensive systems that actively detect
and track incoming threats and launch
a ballistic, explosive, energy or
electromagnetic countermeasure(s) to
neutralize the threat prior to contact
with a vehicle);
(3) Composite armor parts and
components;
(4) Spaced armor components and
parts, including slat armor parts and
components;
(5) Reactive armor and components;
(6) Electromagnetic armor parts and
components, including pulsed power;
(7) Gun mount, stabilization, turret
drive, and automatic elevating systems;
(8) Kits specifically designed to
convert a vehicle in this category into
either an unmanned or a driver-optional
vehicle. For a kit to be controlled by this
paragraph it must include all of the
following:
(i) Remote or autonomous steering;
(ii) Acceleration and braking; and
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
(iii) A control system;
(9) Fire control computers, stored
management systems, armaments
control processors, vehicle weapon
interface units and computers;
(10) Electro-optical sighting systems;
and
(11) Laser rangefinder or target
designating devices.
(i) Other ground vehicles having all of
the following:
(1) Manufactured or fitted with
materials or components to provide
ballistic protection to level III (NIJ
0108.01, September 1985) or better;
(2) A transmission to provide drive to
both front and rear wheels
simultaneously, including those
vehicles having additional wheels for
load bearing purposes whether driven or
not;
(3) Gross Vehicle Weight Rating
(GVWR) greater than 4,500 kg; and
(4) Designed or modified for off-road
use.
Note: An ‘‘amphibious vehicle’’ in
Category VII(f) is a vehicle or chassis that is
equipped to meet special military
requirements, and that is designed or adapted
for operation on or under water, as well as
on land.
Note: Engines and engine parts are not
included in paragraph (h) of Category VII.
Note: Paragraph (i) of Category VII does not
apply to civil vehicles designed or modified
for transporting money or valuables.
*
*
*
*
*
CATEGORY XIV—TOXICOLOGICAL
AGENTS AND EQUIPMENT AND
RADIOLOGICAL EQUIPMENT
*
*
*
*
*
(b) [Reserved]
(c) All specifically designed or
modified equipment, including
components, parts, accessories, and
attachments for disseminating the
articles in paragraph (a) of this category.
(d) [Reserved]
(e) [Reserved]
*
*
*
*
*
CATEGORY XVI—NUCLEAR
WEAPONS DESIGN AND TEST
EQUIPMENT
(a) [Reserved]
(b) Modeling or simulation tools that
model or simulate the environments
generated by nuclear detonations or the
effects of these environments on
systems, subsystems, components,
structures, or humans.
Note: Category XVI does not include
equipment, technical data, or services
controlled by the Department of Energy
pursuant to the Atomic Energy Act of 1954,
as amended, and the Nuclear Non-
E:\FR\FM\27MRR1.SGM
27MRR1
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations
Proliferation Act of 1978, as amended, or are
government transfers authorized pursuant to
these Acts.
*
*
*
*
*
Dated: March 21, 2014.
Eric H. Holder, Jr.,
Attorney General.
that a part of the closure remain
attached to the container when opened.
This amendment will align the
regulations for such products with those
applicable to domestic distilled spirits
products.
Effective Date: April 28, 2014.
Kate
M. Bresnahan, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, at 202–453–1039, ext.
151.
DATES:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2014–06778 Filed 3–26–14; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF THE TREASURY
SUPPLEMENTARY INFORMATION:
Alcohol and Tobacco Tax and Trade
Bureau
Background
TTB Authority
27 CFR Parts 19, 26, 27, and 73
[Docket No. TTB–2014–0004; T.D. TTB–119]
RIN 1513–AB97
Electronic Submission of Forms, the
Finished Products Records for
Distilled Spirits Plants, and Closures
on Certain Distilled Spirits Products
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Direct final rule; Treasury
decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) is amending its
regulations regarding the electronic
submission of forms to provide for the
electronic submission to TTB of copies
of certain forms, where the original is to
be retained by the submitter along with
other records. This amendment removes
a barrier that industry members have
faced when trying to apply for permits
completely by electronic means. TTB is
also amending its regulations to address
circumstances where TTB requires
certain information to be submitted to
other agencies. Specifically, the
amendments provide that TTB
requirements for information to be
submitted to another agency may be met
by the electronic submission of the
information, as long as the other agency
has provided for such a submission of
information by electronic means.
In addition, TTB is amending its
regulations governing the records that
distilled spirits plant (DSP) proprietors
must keep of finished products.
Specifically, TTB is removing the
requirement that DSP proprietors keep a
daily summary record of the kind of
distilled spirits bottled or packaged.
Finally, TTB is amending its
regulations regarding closures that must
be affixed to containers of imported
distilled spirits products or of such
products brought into the United States
from Puerto Rico or the Virgin Islands.
The amendments remove a requirement
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:40 Mar 26, 2014
Jkt 232001
The Internal Revenue Code of 1986, as
amended (IRC), at 26 U.S.C. chapters 51
and 52, provides for the regulation of
certain alcohol- and tobacco-related
businesses. In addition, the Federal
Alcohol Administration Act (FAA Act),
at 27 U.S.C. chapter 8, provides for the
regulation of certain operations of
beverage alcohol businesses. Chapters
51 and 52 of the IRC and sections 103
and 104 of the FAA Act (27 U.S.C. 203
and 204) vest the Secretary of the
Treasury with authority to prescribe
regulations related to the issuance of
permits, registrations, and notices for
such businesses. The IRC provisions
also include requirements for persons
operating in certain alcohol and tobacco
industries to obtain bonds and to submit
reports and other documents related to
regulated operations. In addition,
section 4222 of the IRC (26 U.S.C. 4222)
establishes registration requirements for
persons who make tax-free sales of
firearms and ammunition.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
provisions, pursuant to section 1111(d)
of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated December 10, 2013, to the TTB
Administrator to perform the functions
and duties in administration and
enforcement of these laws.
Electronic Submission of Forms and Use
of Electronic Signatures on Forms
TTB regulations implementing the
permit, registration, and notice
requirements of the IRC and the FAA
Act are promulgated in chapter I of title
27 of the Code of Federal Regulations
(27 CFR chapter I). These regulations
require certain current and prospective
industry members to obtain approval
before commencing a new TTBregulated industry operation and to
update permit information for an
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
17029
existing TTB-regulated business. These
regulations also require that certain
forms, reports, and other documents be
submitted to TTB, depending on the
operation. These documents may
include operational reports, bonds, and
powers of attorney, where applicable. In
addition, some provisions require that
the regulated industry members submit
documents to other agencies. For
example, provisions relating to the
importation of the regulated
commodities require that, in some
circumstances, documents must be
submitted to U.S. Customs and Border
Protection (CBP) during the entry
process.
The TTB regulations currently
implementing those requirements
generally provide for the submission to
TTB of applications and other
documents in paper form. Under certain
conditions, forms may be submitted
electronically through an electronic
document receiving system. The
electronic submission of forms to TTB is
governed by the TTB regulations at part
73 (27 CFR part 73). Part 73 sets forth
the conditions under which TTB will
allow current and prospective industry
members to submit forms to TTB
electronically, and to use electronic
signatures or digital signatures to sign
those forms, in lieu of submitting paper
forms with handwritten signatures.
These regulations do not currently
address the electronic submission of
TTB-required forms and documents to
other agencies.
Pursuant to the TTB regulations at 27
CFR 73.31, TTB-regulated industry
members may submit an electronic form
instead of a paper form to satisfy any
reporting requirement in chapter I of
Title 27 CFR under certain conditions.
Currently, the conditions are as follows:
(1) TTB has published a notice in the
Federal Register and on its Web site
(https://www.ttb.gov) announcing that it
is prepared to receive a particular form
electronically; (2) the person required to
submit the form has registered to do so,
pursuant to the instructions in that
notice; (3) that person submits the
electronic form to an electronic
document receiving system that TTB
has designated for the receipt of that
specific form; and (4) the electronic
form bears valid electronic signatures,
as provided in subpart B of part 73, to
the same extent that the paper form for
which it substitutes would bear
handwritten signatures.
Amendments to Part 73
Recently, TTB has facilitated
electronic communications and
transactions in many ways. For
example, TTB has made a number of
E:\FR\FM\27MRR1.SGM
27MRR1
]]>Agencies
[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Rules and Regulations]
[Pages 17024-17029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06778]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 447
[Docket No. ATF-25I; AG Order No. 3423-2014]
RIN 1140-AA45
Importation of Arms, Ammunition and Defense Articles--Removal of
Certain Defense Articles Currently on the U.S. Munitions Import List
That No Longer Warrant Import Control Under the Arms Export Control Act
(2011R-25P)
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice is amending Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) regulations to remove those
defense articles currently on the U.S. Munitions Import List that ATF
by delegation has determined no longer warrant import control under the
Arms Export Control Act.
DATES: Effective date: This interim final rule is effective April 28,
2014.
[[Page 17025]]
Comment date: Written comments must be postmarked and electronic
comments must be submitted on or before June 25, 2014. Commenters
should be aware that the electronic Federal Docket Management System
will not accept comments after Midnight Eastern Time on the last day of
the comment period.
ADDRESSES: You may submit comments, identified by docket number (ATF
25I), by any of the following methods--
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 648-9741.
Mail: George M. Fodor, Mailstop 6N-602, Office of
Regulatory Affairs, Enforcement Programs and Services, Bureau of
Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice,
99 New York Avenue NE., Washington, DC 20226; ATTN: ATF 25I.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to the Federal eRulemaking portal, https://www.regulations.gov, including any personal information provided. For
detailed instructions on submitting comments and additional information
on the rulemaking process, see the ``Public Participation'' heading of
the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: George M. Fodor, Office of Regulatory
Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco,
Firearms, and Explosives, U.S. Department of Justice, 99 New York
Avenue NE, Washington, DC 20226; telephone: (202) 648-7070.
SUPPLEMENTARY INFORMATION:
I. Background
Section 38 of the Arms Export Control Act of 1976 (AECA), 22 U.S.C.
2778, as amended, authorizes the President, in furtherance of world
peace and the security and foreign policy of the United States, to
control the import and the export of defense articles and defense
services. 22 U.S.C. 2778(a)(1). The AECA also authorizes the President
to designate those items that shall be considered defense articles and
defense services for the purposes of section 38, and to promulgate
regulations for the import and export of such articles and services.
Id.
Through Executive Order 13637 of March 8, 2013, the President
delegated his AECA authority to the Secretary of State with respect to
the export and temporary import of defense articles and defense
services. E.O. 13637, 78 FR 16129. The International Traffic in Arms
Regulations (ITAR), 22 CFR part 120 et seq., implement the Secretary of
State's delegated authority and list the defense articles and defense
services regulated for export, re-export, and temporary import by the
Secretary of State. The items so designated constitute the State
Department's regulatory United States Munitions List (USML) of the
ITAR.
Also through Executive Order 13637, the President delegated to the
Attorney General the authority under the AECA to control the permanent
import of defense articles and defense services. E.O. 13637, 78 FR
16129. In exercising that authority, the Attorney General ``shall be
guided by the views of the Secretary of State on matters affecting
world peace, and the external security and foreign policy of the United
States.'' Id. at sec. 1(n)(ii). Controlling the import of defense
articles and defense services furthers United States foreign policy and
national security interests and is a foreign affairs function of the
U.S. Government. That executive order also requires that the Attorney
General obtain the concurrence of the Secretary of State and the
Secretary of Defense and provide notice to the Secretary of Commerce
for designations, including changes in designations, of defense
articles and defense services subject to permanent import control. Id.
To distinguish the regulatory list of defense articles and defense
services controlled by the Attorney General for permanent import from
the regulatory list of defense articles and defense services controlled
by the Secretary of State for export and temporary import, the list of
defense articles and defense services controlled by the Attorney
General for permanent import is the United States Munitions Import List
(USMIL). The regulations governing this list appear at 27 CFR part 447.
The Attorney General delegated administration of the import
provisions of the AECA to the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), subject to the direction of
the Attorney General and the Deputy Attorney General. 28 CFR 0.130(a).
ATF promulgated regulations that implement the provisions of section 38
of the AECA in 27 CFR part 447. With guidance from the Department of
State and concurrence from the Departments of State and Defense
pursuant to Executive Order 13637, ATF administers the list of items
subject to import control under the USMIL, at 27 CFR 447.21.
II. The President's Export Control Reform Initiative
In August 2009, the President directed a broad-based interagency
review of the United States export control system in part to identify
additional ways to enhance national security, better focus resources on
protecting items for export that need to be protected, and provide
clarity to make it easier for exporters to comply with regulations and
for the United States Government to administer and enforce the
regulations. As the result of a comprehensive review of export
controls, it was determined that certain defense articles and defense
services listed on the USML no longer warrant control for export
purposes by the Secretary of State pursuant to the AECA. Pursuant to
section 38(f) of the Arms Export Control Act, those defense articles
are being transferred to the Department of Commerce's Commerce Control
List (CCL) for export control under the authority of the International
Emergency Economic Powers Act, 50 U.S.C. 1701 et seq.
In effecting the President's export control reform initiative, the
export control reform interagency task force identified a way to
improve the United States import control system to enhance national
security and focus resources on protecting items for import that need
to be protected. Accordingly, the task force requested ATF to identify
those defense articles that no longer warrant control on the USMIL.
III. Interim Final Rule
ATF reviewed the USMIL in accordance with Executive Order 13563,
``Improving Regulation and Regulatory Review,'' and the export control
reform interagency task force request. Those defense articles on the
USMIL that ATF (acting through authority delegated from the President
to the Attorney General, and in turn delegated by the Attorney General
to ATF) has determined no longer warrant import control under the AECA
are being removed from the USMIL. Controlling the permanent import of
defense articles furthers United States foreign policy and national
security interests and is a foreign affairs function of the U.S.
Government. This interim final rule amends the regulations at 27 CFR
447.21 by removing those defense articles currently on the USMIL
determined to no longer warrant import control under the AECA.
The Department is removing from the USMIL Category I--Firearms,
paragraph (e), ``Riflescopes manufactured to military specifications
and specifically designed or modified components
[[Page 17026]]
therefor.'' The defense articles currently covered by Category I,
paragraph (e) are readily available through diverse domestic commercial
sources and they do not present a significant concern for trafficking
or diversion into illicit channels. The defense articles currently
covered by Category I, paragraph (e) do not warrant import control
under the AECA. The Department reserves this paragraph.
In Category III--Ammunition, the Department is removing and then
reserving paragraphs (c), ``Ammunition belting and linking machines,''
and (d), ``Ammunition manufacturing machines and ammunition loading
machines (except handloading ones).'' These defense articles are
costly, difficult to maintain, too heavy for easy transport, and
readily available from domestic vendors in the United States. These
defense articles do not pose a trafficking and diversion threat
warranting import control under the AECA.
In addition, in Category IV--Launch Vehicles, Guided Missiles,
Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines, the Department
is removing and reserving paragraph (f), ``Ablative materials
fabricated or semi-fabricated from advanced composites (e.g., silica,
graphite, carbon, carbon/carbon, and boron filaments) for the articles
in this category that are derived directly from or specifically
developed or modified for defense articles.'' Such materials are a low
threat to domestic security and are readily available in the domestic
market.
In Category VI--Vessels of War and Special Naval Equipment, the
Department is clarifying paragraph (a) to read: ``Vessels of War, if
they are armed and equipped with offensive or defensive weapons
systems, including but not limited to amphibious warfare vessels,
landing craft, mine warfare vessels, patrol vessels, auxiliary vessels,
service craft, experimental types of naval ships, and any vessels
specifically designed or modified for military purposes or other
surface vessels equipped with offensive or defensive military
systems.'' The new text focuses precisely on defense articles that
might threaten domestic security or enable terrorist activities.
Further in Category VI--Vessels of War and Special Naval Equipment,
the Department is revising paragraph (b) to read: ``Turrets and gun
mounts, special weapons systems, protective systems, and other
components, parts, attachments, and accessories specifically designed
or modified for such articles on combatant vessels.'' The new language
focuses on defense articles that might threaten domestic security or
enable terrorist activities. Also in Category VI, the Department is
removing and reserving paragraphs (c) and (d). Mine sweeping equipment,
harbor entrance detection devices, and related components and controls
have numerous domestic suppliers and are low threats to domestic
security. Additionally, the Department is revising the note in Category
VI to clarify that the examples of vessels of war provided in Category
VI must be armed and equipped with offensive or defensive weapon
systems to be considered a defense article on the USMIL.
The Department is updating Category VII--Tanks and Military
Vehicles by removing and reserving paragraph (g), ``Engines
specifically designed or modified for the vehicles in paragraphs (a),
(b), (c), and (f) of this category.'' The defense articles listed in
Category VII, paragraph (g) are substantially the same as those
commercially available in the domestic market and not likely to be
diverted for criminal use. The Department is revising paragraph (h) and
including two explanatory notes. The Department is also adding a new
paragraph (i), with a corresponding new note to Category VII to clarify
that this category includes within its scope other ground vehicles that
meet four technical parameters in the Wassenaar Arrangement's Munitions
List Category 6.
In Category XIV--Toxicological Agents and Equipment and
Radiological Equipment, the Department is removing and reserving
paragraph (b) (biological agents) and revising paragraph (c) to limit
regulation to all specifically designed or modified equipment,
including components, parts, accessories, and attachments, for
disseminating the articles in paragraph (a) of this category. The U.S.
Department of Health and Human Services and the U.S. Department of
Agriculture regulate the import and use of biological agents under such
acts as the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public
Law 107-56, and the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002, Public Law 107-188. Therefore,
continued inclusion of these items on the USMIL is unnecessary to
ensure domestic security. Further, by removing and reserving paragraph
(d) (nuclear radiation detection and measuring devices manufactured to
military specification) and paragraph (e) (components, parts,
accessories, attachments, and associated equipment specifically
designed or modified for the articles in paragraphs (c) and (d) of this
category), the Department recognizes the domestic availability of these
articles and the associated low threat to domestic security.
Finally, the Department is updating policies related to Category
XVI--Nuclear Weapons Design and Test Equipment, to the extent that
imports of these defense articles are under the control of the
Department of Energy pursuant to the Atomic Energy Act of 1954, as
amended, and the Nuclear Non-proliferation Act of 1978, as amended, or
are government transfers authorized pursuant to these Acts. The
Department is removing and reserving paragraph (a), (any article,
material, equipment, or device, which is specifically designed or
modified for use in the design, development, or fabrication of nuclear
weapons or nuclear explosive devices), revising paragraph (b) to
include modeling or simulation tools that model or simulate the
environments generated by nuclear detonations or the effects of these
environments on systems, subsystems, components, structures, or humans,
and adding an explanatory note after paragraph (b) to indicate that
Category XVI does not include equipment, technical data, or services
controlled by the Department of Energy pursuant to the Atomic Energy
Act of 1954, as amended, and the Nuclear Non-Proliferation Act of 1978,
as amended, or are government transfers authorized pursuant to these
Acts.
Pursuant to Executive Order 13637, the Department of State and the
Department of Defense have concurred on this interim final rule
amending the USMIL.
IV. Statutory and Executive Order Review
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 Federal 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, ``Federalism'', the Attorney General has
determined that this regulation does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
[[Page 17027]]
C. Executive Order 12988
This regulation meets the applicable standards set forth in
subsections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice
Reform.''
D. Administrative Procedure Act
As reflected in 27 CFR 447.54, amendments made to 27 CFR part 447
are exempt from the rulemaking provisions of 5 U.S.C. 553 because this
part involves a foreign affairs function of the United States. See 5
U.S.C. 553(a)(1). 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. The Department of Justice nevertheless wishes to provide the
public with an opportunity to participate in the regulatory process and
provide feedback pursuant to Executive Order 13563, ``Improving
Regulation and Regulatory Review.'' Accordingly, the Department is
publishing this rule as an interim final rule with a 90-day provision
for public comment and without prejudice to its determination that
controlling the import of defense articles is a foreign affairs
function of the United States Government.
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 interim final rule because the Department is not publishing the
rule as a general notice of proposed rulemaking under 5 U.S.C. 553 or
any other law. See 5 U.S.C. 601 et seq.
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 is not likely to 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 the ability of United States-based
enterprises to compete with foreign-based enterprises 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. See 2 U.S.C. 1501 et seq.
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.
Public Participation
A. Comments Sought
The Department is requesting comments on the interim final rule
from all interested persons. The Department is also specifically
requesting comments on the clarity of this interim final rule and how
it may be made easier to understand.
All comments must reference this document docket number (ATF 25I),
be legible, and include your name and mailing address. The Department
will treat all comments as originals and will not acknowledge receipt
of comments.
Comments received on or before the closing date will be carefully
considered. Comments received after that date will be given the same
consideration if it is practical to do so, but assurance of
consideration cannot be given except as to comments received on or
before the closing date.
B. Confidentiality
Comments, whether submitted electronically or on paper, will be
made available for public viewing at ATF, and on the Internet as part
of the eRulemaking initiative, and are subject to the Freedom of
Information Act. Commenters who do not want their name or other
personal identifying information posted on the Internet should submit
their comment by mail or facsimile, along with a separate cover sheet
that contains their personal identifying information. Both the cover
sheet and comment must reference this docket number. Information
contained in the cover sheet will not be posted on the Internet. Any
personal identifying information that appears within the comment will
be posted on the Internet and will not be redacted by ATF.
Any material that the commenter considers to be inappropriate for
disclosure to the public should not be included in the comment. Any
person submitting a comment shall specifically designate that portion
(if any) of the comment that contains material that is confidential
under law (e.g., trade secrets, processes, etc.). Any portion of a
comment that is confidential under law shall be set forth on pages
separate from the balance of the comment and shall be prominently
marked ``confidential'' at the top of each page. Confidential
information will be included in the rulemaking record but will not be
disclosed to the public. Any comments containing material that is not
confidential under law may be disclosed to the public. In any event,
the name of the person submitting a comment is not exempt from
disclosure.
C. Submitting Comments
Comments may be submitted in any of three ways:
Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments must appear in
minimum 12 point font size (.17 inches), include your mailing address,
and be signed, and may be of any length.
Facsimile: You may submit comments by facsimile
transmission to (202) 648-9741. Faxed comments must:
(1) Be legible and appear in minimum 12 point font size (.17
inches);
(2) Be on 8\1/2\'' x 11'' paper;
(3) Contain a legible, written signature; and
(4) Be no more than five pages long. ATF will not accept faxed
comments that exceed five pages.
Federal eRulemaking Portal: To submit comments to ATF via
the federal eRulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
Disclosure
Copies of this interim rule and the comments received will be
available for public inspection online at www.regulations.gov and by
appointment during normal business hours at: ATF Reading Room, Room 1E-
062, 99 New York Avenue NE., Washington, DC 20226, telephone (202) 648-
8740.
Drafting Information
The author of this document is George M. Fodor, Office of
Regulatory Affairs, 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.
[[Page 17028]]
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, part 447 of
title 27 of the Code of Federal Regulations is amended as follows:
PART 447--IMPORTATION OF ARMS, AMMUNITION AND DEFENSE ARTICLES
0
1. The authority citation for 27 CFR part 447 continues to read as
follows:
Authority: 22 U.S.C. 2778.
0
2. Amend Sec. 447.21 as follows:
0
a. In Category I, remove and reserve paragraph (e).
0
b. In Category III, remove and reserve paragraphs (c) and (d).
0
c. In Category IV, remove and reserve paragraph (f).
0
d. In Category VI:
0
(1) Revise paragraph (a);
0
(2) Revise paragraph (b);
0
(3) Remove and reserve paragraphs (c) and (d); and
0
(4) Revise the introductory text of the ``Note'' after paragraph (e).
0
e. In Category VII:
0
(1) Remove and reserve paragraph (g);
0
(2) Revise paragraph (h);
0
(3) Add a new paragraph (i) after paragraph (h);
0
(4) Revise the ``Note'' that now appears after the newly inserted
paragraph (i); and
0
(5) Add a second ``Note'' and a third ``Note'' after the newly inserted
paragraph (i).
0
f. In Category XIV:
0
(1) Remove and reserve paragraph (b);
0
(2) Revise paragraph (c); and
0
(3) Remove and reserve paragraphs (d) and (e).
0
g. In Category XVI:
0
(1) Remove and reserve paragraph (a);
0
(2) Revise paragraph (b); and
0
(3) Add a ``Note'' after paragraph (b).
These amendments to Sec. 447.21 read as follows:
Sec. 447.21 The U.S. Munitions Import List.
* * * * *
CATEGORY I--FIREARMS
* * * * *
(e) [Reserved]
* * * * *
CATEGORY III--AMMUNITION
* * * * *
(c) [Reserved]
(d) [Reserved]
* * * * *
CATEGORY IV--LAUNCH VEHICLES, GUIDED MISSILES, BALLISTIC MISSILES,
ROCKETS, TORPEDOES, BOMBS AND MINES
* * * * *
(f) [Reserved]
* * * * *
CATEGORY VI--VESSELS OF WAR AND SPECIAL NAVAL EQUIPMENT
(a) Vessels of War, if they are armed and equipped with offensive
or defensive weapon systems, including but not limited to amphibious
warfare vessels, landing craft, mine warfare vessels, patrol vessels,
auxiliary vessels, service craft, experimental types of naval ships,
and any vessels specifically designed or modified for military purposes
or other surface vessels equipped with offensive or defensive military
systems.
(b) Turrets and gun mounts, special weapons systems, protective
systems, and other components, parts, attachments, and accessories
specifically designed or modified for such articles on combatant
vessels.
(c) [Reserved]
(d) [Reserved]
(e) * * *
Note: The term ``vessels of war'' includes, but is not limited
to, the following, if armed and equipped with offensive or defensive
weapons systems:''.
* * * * *
CATEGORY VII--TANKS AND MILITARY VEHICLES
* * * * *
(g) [Reserved]
(h) Tank and military vehicle parts, components, accessories,
attachments, and associated equipment for offensive or defensive
systems for the articles in this category, as follows:
(1) Armored hulls, armored turrets and turret support rings;
(2) Active protection systems (i.e., defensive systems that
actively detect and track incoming threats and launch a ballistic,
explosive, energy or electromagnetic countermeasure(s) to neutralize
the threat prior to contact with a vehicle);
(3) Composite armor parts and components;
(4) Spaced armor components and parts, including slat armor parts
and components;
(5) Reactive armor and components;
(6) Electromagnetic armor parts and components, including pulsed
power;
(7) Gun mount, stabilization, turret drive, and automatic elevating
systems;
(8) Kits specifically designed to convert a vehicle in this
category into either an unmanned or a driver-optional vehicle. For a
kit to be controlled by this paragraph it must include all of the
following:
(i) Remote or autonomous steering;
(ii) Acceleration and braking; and
(iii) A control system;
(9) Fire control computers, stored management systems, armaments
control processors, vehicle weapon interface units and computers;
(10) Electro-optical sighting systems; and
(11) Laser rangefinder or target designating devices.
(i) Other ground vehicles having all of the following:
(1) Manufactured or fitted with materials or components to provide
ballistic protection to level III (NIJ 0108.01, September 1985) or
better;
(2) A transmission to provide drive to both front and rear wheels
simultaneously, including those vehicles having additional wheels for
load bearing purposes whether driven or not;
(3) Gross Vehicle Weight Rating (GVWR) greater than 4,500 kg; and
(4) Designed or modified for off-road use.
Note: An ``amphibious vehicle'' in Category VII(f) is a vehicle
or chassis that is equipped to meet special military requirements,
and that is designed or adapted for operation on or under water, as
well as on land.
Note: Engines and engine parts are not included in paragraph (h)
of Category VII.
Note: Paragraph (i) of Category VII does not apply to civil
vehicles designed or modified for transporting money or valuables.
* * * * *
CATEGORY XIV--TOXICOLOGICAL AGENTS AND EQUIPMENT AND RADIOLOGICAL
EQUIPMENT
* * * * *
(b) [Reserved]
(c) All specifically designed or modified equipment, including
components, parts, accessories, and attachments for disseminating the
articles in paragraph (a) of this category.
(d) [Reserved]
(e) [Reserved]
* * * * *
CATEGORY XVI--NUCLEAR WEAPONS DESIGN AND TEST EQUIPMENT
(a) [Reserved]
(b) Modeling or simulation tools that model or simulate the
environments generated by nuclear detonations or the effects of these
environments on systems, subsystems, components, structures, or humans.
Note: Category XVI does not include equipment, technical data,
or services controlled by the Department of Energy pursuant to the
Atomic Energy Act of 1954, as amended, and the Nuclear Non-
[[Page 17029]]
Proliferation Act of 1978, as amended, or are government transfers
authorized pursuant to these Acts.
* * * * *
Dated: March 21, 2014.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2014-06778 Filed 3-26-14; 8:45 am]
BILLING CODE 4410-FY-P
