Technical Amendments to Regulations; Correction, 59580-59581 [2015-25190]

Download as PDF 59580 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations the requirements of the Regulatory Flexibility Act 7 do not apply. The effective date for the updated Filer Manual and the rule amendments is October 2, 2015. In accordance with the APA,8 we find that there is good cause to establish an effective date less than 30 days after publication of these rules. The EDGAR system upgrade to Release 15.3 is scheduled to become available on September 14, 2015. The Commission believes that establishing an effective date less than 30 days after publication of these rules is necessary to coordinate the effectiveness of the updated Filer Manual with the system upgrade. Statutory Basis We are adopting the amendments to Regulation S–T under Sections 6, 7, 8, 10, and 19(a) of the Securities Act of 1933,9 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,10 Section 319 of the Trust Indenture Act of 1939,11 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.12 List of Subjects in 17 CFR Part 232 Incorporation by reference, Reporting and recordkeeping requirements, Securities. Text of the Amendment In accordance with the foregoing, Title 17, Chapter II of the Code of Federal Regulations is amended as follows: PART 232—REGULATION S–T— GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS 1. The authority citation for Part 232 continues to read in part as follows: ■ Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 80a–30, 80a–37, and 7201 et seq.; and 18 U.S.C. 1350 unless otherwise noted. * * * * * 2. Section 232.301 is revised to read as follows: asabaliauskas on DSK5VPTVN1PROD with RULES Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets out the technical formatting requirements for electronic submissions. The U.S.C. 601–612. U.S.C. 553(d)(3). 9 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 10 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 11 15 U.S.C. 77sss. 12 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 85 VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 [FR Doc. 2015–24904 Filed 10–1–15; 8:45 am] BILLING CODE 8011–01–P Bureau of Alcohol, Tobacco, Firearms, and Explosives EDGAR Filer Manual. 75 By the Commission. Dated: September 15, 2015. Brent J. Fields, Secretary. DEPARTMENT OF JUSTICE ■ § 232.301 requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 23 (September 2015). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 34 (September 2015). Additional provisions applicable to Form N–SAR filers are set forth in the EDGAR Filer Manual, Volume III: ‘‘N– SAR Supplement,’’ Version 5 (September 2015). All of these provisions have been incorporated by reference into the Code of Federal Regulations, which action was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must comply with these requirements in order for documents to be timely received and accepted. The EDGAR Filer Manual is available for Web site viewing and printing; the address for the Filer Manual is http://www.sec.gov/info/ edgar.shtml. You can obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. You can also inspect the document at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. 27 CFR Part 555 [Docket No. ATF 2013R–9F; AG Order No. 3566–2015] Technical Amendments to Regulations; Correction Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Final rule; Correcting amendments. AGENCY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 The Department of Justice published in the Federal Register of August 11, 2014, a final rule making technical changes to correcting a technical amendment to a definition in the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations related to commerce in explosives. That document inadvertently included an incorrect definition for ‘‘Customs officer’’ in 27 CFR part 555. This final rule corrects the 2014 amendments by revising the definition. SUMMARY: DATES: This rule is effective October 2, 2015. FOR FURTHER INFORMATION CONTACT: Shermaine Kenner, 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 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: Background The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) administers regulations published in title 27, chapter II, Code of Federal Regulations (CFR). On August 11, 2014, the Department of Justice (DOJ) published in the Federal Register a final rule that made technical amendments and corrected typographical errors in ATF regulations in the CFR (79 FR 46690). Many of the technical changes were made to reflect changes in nomenclature resulting from the transfer of ATF to DOJ from the Department of the Treasury, pursuant to the Homeland Security Act of 2002. The changes were designed to provide clarity and enhance uniformity throughout these regulations. The 2014 technical amendments inadvertently contained an incorrect definition for ‘‘Customs officer’’ in 27 CFR part 555. This final rule corrects the changes in the Code of Federal Regulations made by the 2014 technical amendments by revising the definition. Section 555.11, defining ‘‘Customs officer,’’ is being amended so that it no longer contains a reference to ‘‘Customs Service.’’ The new definition reads as follows: ‘‘Any officer of U.S. Customs and Border Protection, any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized by law to perform the duties of a customs officer.’’ E:\FR\FM\02OCR1.SGM 02OCR1 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations How This Document Complies With the Federal Administrative Requirements for Rulemaking A. Executive Order 12866 and Executive Order 13563 This final rule has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review,’’ section 1(b), The Principles of Regulation, and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ section 1, General Principles of Regulation. This rule is limited to agency organization, management, or personnel matters as described by Executive Order 12866, section 3(d)(3) and, therefore, is not a ‘‘regulation’’ or ‘‘rule’’ as defined by that Executive Order. B. Executive Order 13132 This final rule 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 sections 3(a) and 3(b)(2) of Executive Order 12988, ‘‘Civil Justice Reform.’’ asabaliauskas on DSK5VPTVN1PROD with RULES D. Administrative Procedure Act This final rule is purely a matter of agency management. Accordingly, this rule is exempt from the usual requirements of prior notice and comment and a 30-day delay in the effective date. See 5 U.S.C. 553(a)(2). In addition, prior notice and comment are not required because the final rule is a rule of agency organization, procedure, or practice. See 5 U.S.C. 553(b). Moreover, the Department finds good cause for exempting the rule from those requirements. Because this final rule makes a technical correction for accuracy and to improve the clarity of the regulations, the Department finds it unnecessary to publish this rule for public notice and comment. See 5 U.S.C. 553(b). Similarly, because delaying the effective date of this rule would serve no purpose, the Department also finds good cause to make this rule effective upon publication. See 5 U.S.C. 553(d)(3). VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 59581 E. Regulatory Flexibility Act List of Subjects in 27 CFR Part 555 The Attorney General, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities because it pertains to personnel and administrative matters affecting the Department. Further, a Regulatory Flexibility Analysis is not required for this final rule because the Department was not required to publish a general notice of proposed rulemaking for this matter. See 5 U.S.C. 604. Administrative practice and procedure, Customs duties and inspection, Explosives, Hazardous substances, Imports, Penalties, Reporting and recordkeeping requirements, Safety, Security measures, Seizures and forfeitures, Transportation, and Warehouses. F. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. G. Unfunded Mandates Reform Act of 1995 This rule was not preceded by a published notice of proposed rulemaking; 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; will not significantly or uniquely affect small governments; and does not contain significant intergovernmental mandates. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531–1535. H. Paperwork Reduction Act of 1995 This final rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C. 3501–3521. I. Congressional Review Act This action pertains to agency organization, procedure, or practice, and does not substantially affect the rights or obligations of non-agency parties and, accordingly, is not a ‘‘rule’’ as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996). See 5 U.S.C. 804(3). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Authority and Issuance Accordingly, for the reasons discussed in the preamble, 27 CFR part 555 is amended as follows: PART 555—COMMERCE IN EXPLOSIVES 1. The authority citation for 27 CFR part 555 continues to read as follows: ■ Authority: 18 U.S.C. 847. 2. Revise the definition of ‘‘Customs officer’’ in § 555.11 to read as follows: ■ § 555.11 Meaning of terms. * * * * * Customs officer. Any officer of U.S. Customs and Border Protection, any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized by law to perform the duties of a customs officer. * * * * * Dated: September 28, 2015. Loretta E. Lynch, Attorney General. [FR Doc. 2015–25190 Filed 10–1–15; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 236 [DOD–2014–OS–0097] RIN 0790–AJ29 Department of Defense (DoD)-Defense Industrial Base (DIB) Cybersecurity (CS) Activities Office of the DoD Chief Information Officer, DoD. ACTION: Interim final rule. AGENCY: DoD is revising its DoD–DIB Cybersecurity (CS) Activities regulation to mandate reporting of cyber incidents that result in an actual or potentially adverse effect on a covered contractor information system or covered defense information residing therein, or on a contractor’s ability to provide operationally critical support, and modify eligibility criteria to permit greater participation in the voluntary SUMMARY: E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59580-59581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25190]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 555

[Docket No. ATF 2013R-9F; AG Order No. 3566-2015]


Technical Amendments to Regulations; Correction

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Final rule; Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice published in the Federal Register of 
August 11, 2014, a final rule making technical changes to correcting a 
technical amendment to a definition in the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives regulations related to commerce in explosives. 
That document inadvertently included an incorrect definition for 
``Customs officer'' in 27 CFR part 555. This final rule corrects the 
2014 amendments by revising the definition.

DATES: This rule is effective October 2, 2015.

FOR FURTHER INFORMATION CONTACT: Shermaine Kenner, 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 (this is 
not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) 
administers regulations published in title 27, chapter II, Code of 
Federal Regulations (CFR). On August 11, 2014, the Department of 
Justice (DOJ) published in the Federal Register a final rule that made 
technical amendments and corrected typographical errors in ATF 
regulations in the CFR (79 FR 46690). Many of the technical changes 
were made to reflect changes in nomenclature resulting from the 
transfer of ATF to DOJ from the Department of the Treasury, pursuant to 
the Homeland Security Act of 2002. The changes were designed to provide 
clarity and enhance uniformity throughout these regulations.
    The 2014 technical amendments inadvertently contained an incorrect 
definition for ``Customs officer'' in 27 CFR part 555. This final rule 
corrects the changes in the Code of Federal Regulations made by the 
2014 technical amendments by revising the definition. Section 555.11, 
defining ``Customs officer,'' is being amended so that it no longer 
contains a reference to ``Customs Service.'' The new definition reads 
as follows: ``Any officer of U.S. Customs and Border Protection, any 
commissioned, warrant, or petty officer of the Coast Guard, or any 
agent or other person authorized by law to perform the duties of a 
customs officer.''

[[Page 59581]]

How This Document Complies With the Federal Administrative Requirements 
for Rulemaking

A. Executive Order 12866 and Executive Order 13563

    This final rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' section 1, General 
Principles of Regulation. This rule is limited to agency organization, 
management, or personnel matters as described by Executive Order 12866, 
section 3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as 
defined by that Executive Order.

B. Executive Order 13132

    This final rule 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 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

D. Administrative Procedure Act

    This final rule is purely a matter of agency management. 
Accordingly, this rule is exempt from the usual requirements of prior 
notice and comment and a 30-day delay in the effective date. See 5 
U.S.C. 553(a)(2). In addition, prior notice and comment are not 
required because the final rule is a rule of agency organization, 
procedure, or practice. See 5 U.S.C. 553(b). Moreover, the Department 
finds good cause for exempting the rule from those requirements. 
Because this final rule makes a technical correction for accuracy and 
to improve the clarity of the regulations, the Department finds it 
unnecessary to publish this rule for public notice and comment. See 5 
U.S.C. 553(b). Similarly, because delaying the effective date of this 
rule would serve no purpose, the Department also finds good cause to 
make this rule effective upon publication. See 5 U.S.C. 553(d)(3).

E. Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, 
certifies that it will not have a significant economic impact on a 
substantial number of small entities because it pertains to personnel 
and administrative matters affecting the Department. Further, a 
Regulatory Flexibility Analysis is not required for this final rule 
because the Department was not required to publish a general notice of 
proposed rulemaking for this matter. See 5 U.S.C. 604.

F. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.

G. Unfunded Mandates Reform Act of 1995

    This rule was not preceded by a published notice of proposed 
rulemaking; 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; will not significantly or uniquely 
affect small governments; and does not contain significant 
intergovernmental mandates. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1531-1535.

H. Paperwork Reduction Act of 1995

    This final rule does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501-3521.

I. Congressional Review Act

    This action pertains to agency organization, procedure, or 
practice, and does not substantially affect the rights or obligations 
of non-agency parties and, accordingly, is not a ``rule'' as that term 
is used by the Congressional Review Act (Subtitle E of the Small 
Business Regulatory Enforcement Fairness Act of 1996). See 5 U.S.C. 
804(3). Therefore, the reporting requirement of 5 U.S.C. 801 does not 
apply.

List of Subjects in 27 CFR Part 555

    Administrative practice and procedure, Customs duties and 
inspection, Explosives, Hazardous substances, Imports, Penalties, 
Reporting and recordkeeping requirements, Safety, Security measures, 
Seizures and forfeitures, Transportation, and Warehouses.

Authority and Issuance

    Accordingly, for the reasons discussed in the preamble, 27 CFR part 
555 is amended as follows:

PART 555--COMMERCE IN EXPLOSIVES

0
1. The authority citation for 27 CFR part 555 continues to read as 
follows:

    Authority: 18 U.S.C. 847.


0
2. Revise the definition of ``Customs officer'' in Sec.  555.11 to read 
as follows:


Sec.  555.11  Meaning of terms.

* * * * *
    Customs officer. Any officer of U.S. Customs and Border Protection, 
any commissioned, warrant, or petty officer of the Coast Guard, or any 
agent or other person authorized by law to perform the duties of a 
customs officer.
* * * * *

    Dated: September 28, 2015.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2015-25190 Filed 10-1-15; 8:45 am]
 BILLING CODE 4410-FY-P