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), 30615-30617 [2015-12992]
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Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations
implementing this function are exempt
from sections 553 (rulemaking) and 554
(adjudications) of the Administrative
Procedure Act (APA), pursuant to 5
U.S.C. 553(a)(1). Since the Department
is of the opinion that this rule is exempt
from 5 U.S.C 553, it is the view of the
Department that the provisions of
Section 553(d) do not apply to this
rulemaking. Therefore, this rule is
effective upon publication. The
Department also finds that, given the
national security issues surrounding
U.S. policy toward Fiji, notice and
public procedure on this rule would be
impracticable, unnecessary, or contrary
to the public interest; for this reason, the
rule is effective upon publication.
Regulatory Flexibility Act
Since the Department is of the
opinion that this rule is exempt from the
provisions of 5 U.S.C. 553, there is no
requirement for an analysis under the
Regulatory Flexibility Act.
defense articles and services is a foreign
affairs function of the United States
government and that rules governing the
conduct of this function are exempt
from the requirements of Executive
Order 12866. However, the Department
has reviewed the rule to ensure its
consistency with the regulatory
philosophy and principles set forth in
the Executive Order.
Lhorne on DSK2VPTVN1PROD with RULES
Jkt 235001
[FR Doc. 2015–13017 Filed 5–28–15; 8:45 am]
BILLING CODE 4710–25–P
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
Executive Order 12988
The Department of State has reviewed
this rulemaking in light of sections 3(a)
and 3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
14:17 May 28, 2015
Rose E. Gottemoeller,
Under Secretary, Arms Control and
International Security, Department of State.
The Department of State has
considered this rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rulemaking has been found not
to be a major rule within the meaning
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
VerDate Sep<11>2014
*
DEPARTMENT OF JUSTICE
Executive Order 13175
Executive Order 12866
The Department is of the opinion that
controlling the import and export of
(p) [Reserved]
*
*
*
Executive Order 13563
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a
mandate that will 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 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.
Executive Orders 12372 and 13132
This rulemaking 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 Executive Order 13132,
it is determined that this rulemaking
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this rulemaking.
*
30615
The Department of State has
determined that this rulemaking will
not have tribal implications, will not
impose substantial direct compliance
costs on Indian tribal governments, and
will not pre-empt tribal law.
Accordingly, the provisions of
Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
For the reasons set forth above, 22
CFR part 126 is amended as follows:
PART 126—GENERAL POLICIES AND
PROVISIONS
1. The authority citation for part 126
continues to read as follows:
■
Authority: Secs. 2, 38, 40, 42, and 71, Pub.
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2780, 2791, and 2797); 22 U.S.C. 2651a; 22
U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR,
1994 Comp., p. 899; Sec. 1225, Pub. L. 108–
375; Sec. 7089, Pub. L. 111–117; Pub. L. 111–
266; Sections 7045 and 7046, Pub. L. 112–74;
E.O. 13637, 78 FR 16129.
2. Section 126.1 is amended by
removing and reserving paragraph (p) to
read as follows:
■
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
*
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*
*
Frm 00011
*
Fmt 4700
*
Sfmt 4700
27 CFR Part 447
[Docket No. ATF–25F; AG Order No. 3531–
2015]
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)
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Final rule.
AGENCY:
The Department of Justice is
finalizing without change an
amendment to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives
regulations to remove those defense
articles currently on the United States
Munitions Import List that ATF by
delegation has determined no longer
warrant import control under the Arms
Export Control Act.
DATES: This rule is effective June 29,
2015.
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:
SUMMARY:
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
E:\FR\FM\29MYR1.SGM
29MYR1
Lhorne on DSK2VPTVN1PROD with RULES
30616
Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations
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. 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. 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 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
designated as 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
VerDate Sep<11>2014
14:17 May 28, 2015
Jkt 235001
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. Those defense articles are being
transferred to the Department of
Commerce’s Commerce Control List 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
determined that removing unnecessary
items from the USMIL would improve
the United States import control system
and enhance national security by
focusing resources on imports 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 and Comment
On March 27, 2014, ATF published an
interim final rule with a request for
comments (79 FR 17024–17029) entitled
‘‘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.’’
In developing this 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. The
interim final rule removed from the
USMIL those defense articles that ATF
by delegation determined no longer
warrant import control under the AECA.
The comment period for the interim
final rule closed on June 25, 2014. ATF
received one comment in response to
the interim final rule. The commenter
states that the rule creates additional
legal requirements without providing
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
measures to prevent crime. The
Department believes that the rule in fact
has the opposite effect, decreasing legal
requirements by removing defense
articles from the USMIL while
enhancing national security by focusing
resources on imports that need to be
protected.
IV. Final Rule
Upon review, the Department is
issuing this final rule to implement the
amendments to the regulations at 27
CFR 447.21 that were provided in the
interim final rule published on March
27, 2014 (79 FR 17024–17029).
Pursuant to Executive Order 13637,
the Department of State and the
Department of Defense have concurred
on this final rule amending the USMIL.
V. 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, ‘‘Regulatory Planning and
Review,’’ 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.
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 provided the
public with an opportunity to
participate in the regulatory process and
to provide feedback pursuant to
E:\FR\FM\29MYR1.SGM
29MYR1
Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review.’’
Only one comment was received as a
result of this outreach. The commenter
generally believes that the rule creates
additional legal requirements without
providing measures to prevent crime.
The Department believes that the rule in
fact has the opposite effect, decreasing
legal requirements by removing defense
articles from the USMIL while
enhancing national security by focusing
resources on imports that need to be
protected.
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 final rule because
the Department was not required to
publish 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.
during normal business hours at the
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 and munitions,
Chemicals, Customs duties and
inspection, Imports, Penalties,
Reporting and recordkeeping
requirements, Scientific equipment,
Seizures and forfeitures.
PART 447—IMPORTATION OF ARMS,
AMMUNITION AND DEFENSE
ARTICLES
Accordingly, for the reasons
discussed in the preamble, the interim
final rule amending part 447 of title 27
of the Code of Federal Regulations,
which was published at 79 FR 17024 on
March 27, 2014, is adopted as a final
rule, without change.
Dated: May 21, 2015.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2015–12992 Filed 5–28–15; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Office of the Attorney General
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.
Lhorne on DSK2VPTVN1PROD with RULES
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.
SUMMARY:
Disclosure
Copies of the interim final rule and
the comment received are available for
public inspection through the Federal eGovernment portal, https://
www.regulations.gov, or by appointment
VerDate Sep<11>2014
14:17 May 28, 2015
Jkt 235001
28 CFR Part 0
[Docket No. OAG 147; AG Order No. 3532–
2015]
Authority of the Assistant Attorneys
General To Compromise or Close Civil
Claims
Department of Justice.
Final rule.
AGENCY:
ACTION:
This final rule amends the
Department’s regulations to increase the
authority currently delegated to the
Assistant Attorneys General to
compromise or close civil claims and to
make certain technical corrections.
DATES: Effective May 29, 2015
FOR FURTHER INFORMATION CONTACT:
August E. Flentje, Acting Deputy
Assistant Attorney General, Civil
Division, Department of Justice,
Washington, DC 20530; (202) 514–3309.
SUPPLEMENTARY INFORMATION: The
current delegations of authority to
compromise or close civil claims are
PO 00000
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Fmt 4700
Sfmt 4700
30617
contained in 28 CFR part 0, subpart Y,
§§ 0.160–0.169. See 60 FR 15675 (Mar.
27, 1995). This final rule increases the
monetary thresholds for the exercise of
this authority by the Assistant Attorneys
General and increases the redelegation
authority to the United States Attorneys
with respect to accepting offers of
compromise for affirmative claims.
This final rule amends 28 CFR
0.160(a)(1) to increase the authority of
the Assistant Attorneys General to
compromise a civil claim asserted by
the United States where the proposed
settlement is within $10 million or 15
percent of the original claim (up from
the current threshold of $2 million or 15
percent of the original claim). As
provided in § 0.164, this change to
§ 0.160(a)(1) also means that the
Assistant Attorneys General will have
authority to close affirmative civil
matters within the same new limits.
The final rule adds a new paragraph
§ 0.160(a)(2) to allow the Assistant
Attorneys General to accept
compromises in affirmative civil cases
independent of the $10 million cap in
the limited circumstance where a
qualified financial expert has reviewed
the defendant’s finances and has
determined that the defendant likely
does not have the ability to pay more
than the proposed compromise offer.
This would obviate the need to obtain
higher level approval when claims are
being compromised simply based on the
defendant’s financial condition rather
than an analysis of the legal or factual
merits of the claim. To clarify that new
§ 0.160(a)(2) applies to all cases within
the authority of the Assistant Attorney
General for the Environment and
Natural Resources Division, including
cases brought under the Comprehensive
Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9601 et seq.,
the final rule also amends § 0.160(c)(2)
by removing language similar to new
§ 0.160(a)(2).
In addition, the final rule also
increases the authority for the Assistant
Attorneys General to accept offers in
compromise of claims asserted against
the United States of up to $4 million (up
from the current threshold of $2
million). See new § 0.160(a)(3)
(currently § 0.160(a)(2)).
The final rule also amends § 0.168(d)
to allow a delegation of authority to the
United States Attorneys to compromise
claims asserted by the United States for
up to $10 million (up from a claim of
$5 million where the settlement
difference does not exceed $1 million).
Citations to subsections of § 0.160 in
§§ 0.162 and 0.168 also have been
revised in light of the changes to
§ 0.160.
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]]>Agencies
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Rules and Regulations]
[Pages 30615-30617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12992]
=======================================================================
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 447
[Docket No. ATF-25F; AG Order No. 3531-2015]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice is finalizing without change an
amendment to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
regulations to remove those defense articles currently on the United
States Munitions Import List that ATF by delegation has determined no
longer warrant import control under the Arms Export Control Act.
DATES: This rule is effective June 29, 2015.
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
[[Page 30616]]
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. 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. 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 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 designated as 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. Those defense
articles are being transferred to the Department of Commerce's Commerce
Control List 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 determined that removing
unnecessary items from the USMIL would improve the United States import
control system and enhance national security by focusing resources on
imports 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 and Comment
On March 27, 2014, ATF published an interim final rule with a
request for comments (79 FR 17024-17029) entitled ``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.''
In developing this 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. The interim final rule removed from the USMIL those
defense articles that ATF by delegation determined no longer warrant
import control under the AECA.
The comment period for the interim final rule closed on June 25,
2014. ATF received one comment in response to the interim final rule.
The commenter states that the rule creates additional legal
requirements without providing measures to prevent crime. The
Department believes that the rule in fact has the opposite effect,
decreasing legal requirements by removing defense articles from the
USMIL while enhancing national security by focusing resources on
imports that need to be protected.
IV. Final Rule
Upon review, the Department is issuing this final rule to implement
the amendments to the regulations at 27 CFR 447.21 that were provided
in the interim final rule published on March 27, 2014 (79 FR 17024-
17029).
Pursuant to Executive Order 13637, the Department of State and the
Department of Defense have concurred on this final rule amending the
USMIL.
V. 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, ``Regulatory
Planning and Review,'' 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.
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 provided the public with
an opportunity to participate in the regulatory process and to provide
feedback pursuant to
[[Page 30617]]
Executive Order 13563, ``Improving Regulation and Regulatory Review.''
Only one comment was received as a result of this outreach. The
commenter generally believes that the rule creates additional legal
requirements without providing measures to prevent crime. The
Department believes that the rule in fact has the opposite effect,
decreasing legal requirements by removing defense articles from the
USMIL while enhancing national security by focusing resources on
imports that need to be protected.
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 final rule because the Department was not required to publish 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.
Disclosure
Copies of the interim final rule and the comment received are
available for public inspection through the Federal e-Government
portal, https://www.regulations.gov, or by appointment during normal
business hours at the 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 and munitions,
Chemicals, Customs duties and inspection, Imports, Penalties, Reporting
and recordkeeping requirements, Scientific equipment, Seizures and
forfeitures.
PART 447--IMPORTATION OF ARMS, AMMUNITION AND DEFENSE ARTICLES
Accordingly, for the reasons discussed in the preamble, the interim
final rule amending part 447 of title 27 of the Code of Federal
Regulations, which was published at 79 FR 17024 on March 27, 2014, is
adopted as a final rule, without change.
Dated: May 21, 2015.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2015-12992 Filed 5-28-15; 8:45 am]
BILLING CODE 4410-FY-P
