Removal of Expired Regulations, 13798-13800 [2019-06912]
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13798
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Rules and Regulations
its publication. The DEA has submitted
a copy of this order to both Houses of
Congress and to the Comptroller
General, although such filing is not
required under the Congressional
Review Act, 5 U.S.C. 801–808 because,
as noted above, this action is an order,
not a rule.
Dated: April 2, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019–06851 Filed 4–5–19; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Part 555
[Docket No. ATF 2017R–21; AG Order No.
4425–2019]
Removal of Expired Regulations
Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of
Justice.
ACTION: Final rule.
AGENCY:
This final rule makes
technical amendments to the Bureau of
Alcohol, Tobacco, Firearms, and
Explosives (ATF) regulations in the
Code of Federal Regulations (CFR).
These technical changes are being made
to remove expired, obsolete, or
unnecessary regulations; correct dates,
titles, addresses, and telephone
numbers; and to reflect changes to
nomenclature resulting from the transfer
of ATF to the Department of Justice
from the Department of the Treasury
pursuant to the Homeland Security Act
of 2002. The changes are designed to
update and provide clarity throughout
these regulations.
DATES: This rule is effective April 8,
2019.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
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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:
I. Backgrounds
ATF administers regulations
published in 27 CFR part 555,
concerning commerce in explosives.
ATF identified several technical
amendments that are needed to update
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and to provide clarity to these
regulations.
Rather than make substantive changes
to the regulations, these amendments
focus on improving the clarity and
accuracy of the regulations. Many of the
technical changes reflect the removal of
expired or obsolete regulations; removal
of regulations that are no longer
necessary; and the correction of dates,
titles, addresses, and telephone
numbers. Additionally, technical
changes to § 555.11 reflect a change in
nomenclature resulting from the transfer
of ATF to the Department of Justice
from the Department of the Treasury
pursuant to the Homeland Security Act
of 2002.
Section 555.11 is being amended to
remove paragraph (a) and revise
paragraph (b) in the definitions of
‘‘ATF’’, ‘‘ATF Officer’’, ‘‘Bureau’’, and
‘‘Director’’ as the information in the
regulations is obsolete, to revise the
definition of ‘‘Director, Industry
Operations’’ for accuracy, and to replace
‘‘Bureau of Alcohol, Tobacco and
Firearms’’ with ‘‘Bureau of Alcohol,
Tobacco, Firearms, and Explosives,
Department of Justice’’ in the definition
of ‘‘Region’’ as the current definition
references the name of the agency under
the Department of the Treasury, prior to
the Homeland Security Act of 2002.
Section 555.27 is being removed and
reserved as the requirement in the
statute that this regulation implemented
is expired and obsolete.
Section 555.30 is being amended to
reflect the correct nationwide toll-free
telephone number, and the reference to
Form 4712 is being removed as this
information is no longer necessary and
is obsolete.
Sections 555.33, 555.142, and 555.165
are being amended to remove the
effective dates, which are no longer
necessary.
Sections 555.41, 555.49, 555.51,
555.103, and 555.125 are being
amended to remove and reserve
paragraph (a) in each of these sections
as the information in those paragraphs
is obsolete.
Section 555.45 is being amended to
remove and reserve paragraphs (a) and
(b) as the information in those
paragraphs is obsolete.
Section 555.57 is being amended to
remove ‘‘For all licenses or permits
issued on and after May 24, 2003’’ as
this delineation is no longer necessary.
Section 555.102 is being amended to
remove paragraph (b)(1) and revise
paragraph (b)(2) as the information in
those paragraphs is obsolete.
Section 555.105 is being amended to
remove the reference to nonlicensees
and nonpermittees in the heading of the
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section, and to remove and reserve
paragraph (a) as the information in the
regulation is obsolete.
Section 555.126 is being amended to
revise the heading of the section, and to
remove and reserve paragraph (a) as the
information in the regulation is
obsolete.
Section 555.201 is being amended to
remove and reserve paragraph (e) as the
application of this paragraph is obsolete.
Section 555.202 is being amended to
remove ‘‘See also § 555.201(e).’’ as the
referenced sentence is obsolete.
Section 555.218 is being amended to
remove the date ‘‘July, 1991’’ from the
table title and replace it with ‘‘June
1991’’, the correct date.
Section 555.219 is being amended to
add the title of the table, as the title was
incorrectly added to the table in 555.220
when published in the Federal Register.
Section 555.220 is being amended to
remove the title above the table and
remove the address for the Fertilizer
Institute, as this information is
incorrect.
Section 555.224 is being amended to
remove ‘‘(30 days from the date of
publication of the final rule in the
Federal Register)’’ and to add the
effective date in the third footnote.
II. Statutory Orders and Executive
Review
A. Executive Orders 12866, 13563, and
13771
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ section 1(b), The Principles of
Regulation; Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review,’’ section 1(b), General
Principles of Regulation; and Executive
Order 13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs.’’
The rule makes technical corrections
to eliminate outdated and incorrect
terminology and improve the clarity of
the regulations, and makes no
substantive changes. The Department
has determined that this final rule is not
a ‘‘significant regulatory action’’ as
defined in Executive Order 12866,
section 3(f). Accordingly, this final rule
has not been reviewed by the Office of
Management and Budget.
Finally, because this rule is not a
significant regulatory action, it is not
subject to the requirements of Executive
Order 13771. There are no costs
associated with this regulation;
however, it benefits the industry in that
it removes numerous outdated
regulations and provides clarity for the
regulated industry. Because there are no
costs associated with this final rule,
E:\FR\FM\08APR1.SGM
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Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Rules and Regulations
there are no monetized benefits. This
rule is considered a deregulatory action
under Executive Order 13771.
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
Under the Administrative Procedure
Act (‘‘APA’’), 5 U.S.C. 553(b)(3)(B), an
agency may, for good cause, find that
the usual requirements of prior notice
and comment are impracticable,
unnecessary, or contrary to the public
interest. Currently, 27 CFR part 555
contains references to expired
regulations and has obsolete, outdated,
and incorrect terminology that may be
confusing to the public. The rule makes
technical corrections to improve the
clarity of the regulations and makes no
substantive changes. For these reasons,
the agency has determined that
publishing a notice of proposed
rulemaking and providing opportunity
for public comment is unnecessary.
Further, the APA permits an agency to
make this rule effective upon date of
publication, because it is not a
substantive rule. See 5 U.S.C. 553(d).
Furthermore, the Department finds that
there is good cause for the final rule to
take effect upon publication, since the
revisions made by this rule are minor,
non-substantive, and technical, and
there is no reason to delay these
changes. Id., § 553(d)(3).
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E. Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 603, 604, and
605(b), 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.
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F. 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, 2 U.S.C. 1531–1535.
G. 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.
H. Congressional Review Act
This rule is not a major rule as
defined by the Congressional Review
Act, 5 U.S.C. 804.
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:
1. The authority citation for 27 CFR
part 555 continues to read as follows:
Authority: 18 U.S.C. 847.
[Amended]
2. Amend § 555.11 as follows:
a. In the definition of ‘‘ATF’’:
i. Remove paragraph (a);
ii. Remove the (b) designation; and
iii. Remove ‘‘On and after January 24,
2003.’’ and ‘‘, Washington, DC’’;
■ b. In the definition of ‘‘ATF Officer’’:
■ i. Remove paragraph (a);
■ ii. Remove the (b) designation;
■ iii. Remove ‘‘On and after January 24,
2003.’’; and
■ iv. Add ‘‘, Department of Justice’’ after
‘‘(ATF)’’;
■ c. In the definition of ‘‘Bureau’’:
■ i. Remove paragraph (a);
■ ii. Remove the (b) designation; and
■ iii. Remove ‘‘On and after January 24,
2003.’’ and ‘‘, Washington, DC’’;
■ d. In the definition of ‘‘Director’’:
■ i. Remove paragraph (a);
■ ii. Remove the (b) designation; and
■ iii. Remove ‘‘On and after January 24,
2003.’’ and ‘‘, Washington, DC’’;
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§ 555.27
■
[Removed and Reserved]
3. Remove and reserve § 555.27.
§ 555.30
[Amended]
4. Amend § 555.30 as follows:
a. Remove ‘‘1–800–800–3855’’ in
paragraphs (a), (b), and (d) introductory
text and add in its place ‘‘1–800–461–
8841’’; and
■ b. Remove ‘‘(formerly Form 4712)’’ in
paragraph (a).
■
■
§ 555.33
[Amended]
5. In § 555.33, remove ‘‘(effective May
24, 2003)’’ from the section heading.
■
§ 555.41
[Amended]
6. In § 555.41, remove and reserve
paragraph (a).
■
§ 555.45
[Amended]
7. In § 555.45, remove and reserve
paragraphs (a) and (b).
■
§ 555.49
[Amended]
8. In § 555.49, remove and reserve
paragraph (a).
■
§ 555.51
[Amended]
9. In § 555.51, remove and reserve
paragraph (a).
■
■
■
■
■
■
e. In the definition of ‘‘Director,
Industry Operations’’ remove ‘‘principal
regional official’’ and add in its place
‘‘principal field division official’’; and
■ f. In the definition of ‘‘Region’’ remove
‘‘Bureau of Alcohol, Tobacco and
Firearms’’ and add in its place ‘‘Bureau
of Alcohol, Tobacco, Firearms, and
Explosives, Department of Justice’’.
■
■
PART 555—COMMERCE IN
EXPLOSIVES
§ 555.11
13799
§ 555.57
[Amended]
10. In § 555.57, remove ‘‘For all
licenses or permits issued on and after
May 24, 2003, each person’’ in
paragraph (b) and add in its place ‘‘Each
person’’.
■
§ 555.102
[Amended]
11. Amend § 555.102 as follows:
a. Remove paragraph (b)(1); and
b. Remove the paragraph (b)(2)
designation and its heading
‘‘Distribution of surplus stocks on and
after May 24, 2003.’’.
■
■
■
§ 555.103
[Amended]
12. Amend § 555.103 by removing and
reserving paragraph (a).
■
§ 555.105
[Amended]
13. Amend § 555.105 by removing
‘‘nonlicensees, nonpermittees, and’’
from the section heading and removing
and reserving paragraph (a).
■
§ 555.125
[Amended]
14. Amend § 555.125 by removing and
reserving paragraph (a).
■
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13800
§ 555.126
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Rules and Regulations
[Amended]
15. Amend § 555.126 by removing
‘‘Explosives transaction record for
distribution of explosive materials prior
to May 24, 2003 and’’ and ‘‘on and after
May 24, 2003’’ from the section heading
and removing and reserving paragraph
(a).
■
§ 555.142
[Amended]
16. In § 555.142, remove ‘‘(effective
January 24, 2003)’’ from the section
heading.
■
§ 555.165
[Amended]
[Amended]
18. In § 555.201, remove and reserve
paragraph (e).
■
[Amended]
19. In § 555.202, remove ‘‘See also
§ 555.201(e).’’ in paragraph (a).
■
§ 555.218
[Amended]
20. In § 555.218, remove ‘‘July, 1991’’
in the table heading and add in its place
‘‘June 1991’’.
■
§ 555.219
[Amended]
21. In § 555.219, add the table heading
‘‘TABLE: DEPARTMENT OF DEFENSE
AMMUNITION AND EXPLOSIVES
STANDARDS, TABLE 5–4.1 EXTRACT;
4145.27 M, MARCH 1969’’ below the
table.
■
§ 555.220
[Amended]
22. Amend § 555.220 as follows:
a. Remove ‘‘TABLE: DEPARTMENT
OF DEFENSE AMMUNITION AND
EXPLOSIVES STANDARDS, TABLE 5–
4.1 EXTRACT; 4145.27 M, MARCH
1969’’ from above the table; and
■ b. Remove ‘‘1015 18th St. N.W.,
Washington, DC 20036’’ in the footnote
to paragraph (3).
■
■
§ 555.224
[Amended]
23. Amend § 555.224 as follows:
a. Remove ‘‘(30 days from the date of
publication of the final rule in the
Federal Register)’’ in footnote 3 and add
in its place ‘‘March 7, 1990’’; and
■ b. Add ‘‘(55 FR 3717)’’at the end of
footnote 3.
■
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■
Dated: April 2, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019–06912 Filed 4–5–19; 8:45 am]
BILLING CODE 4410–FY–P
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[EPA–R04–OAR–2018–0799; FRL–9991–82–
Region 4]
Air Plan Approval; Kentucky; Regional
Haze Plan and Prong 4 (Visibility) for
the 1997 Ozone, 2010 NO2, 2010 SO2,
and 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
17. In § 555.165, remove ‘‘On and after
January 24, 2003, any licensee or
permittee’’ in paragraph (b) and add in
its place ‘‘Any licensee or permittee’’.
§ 555.202
40 CFR Part 52
AGENCY:
■
§ 555.201
ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) is taking four actions
regarding the Kentucky State
Implementation Plan (SIP). Specifically,
EPA is approving Kentucky’s November
16, 2018, SIP submittal seeking to
change reliance from the Clean Air
Interstate Rule (CAIR) to the Cross-State
Air Pollution Rule (CSAPR) for certain
regional haze requirements; converting
EPA’s limited approval/limited
disapproval of Kentucky’s regional haze
SIP to a full approval; removing EPA’s
Federal Implementation Plan (FIP) for
Kentucky which relied on CSAPR to
address the deficiencies identified in
the limited disapproval of Kentucky’s
regional haze SIP; and approving the
visibility prong of Kentucky’s
infrastructure SIP submittals for the
1997 8-hour Ozone, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), and 2012 Fine Particulate Matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS).
DATES: This rule will be effective May 8,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0799. All documents in the
dockets are listed on the
www.regulations.gov website. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
SUMMARY:
PO 00000
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listed in the FOR FURTHER INFORMATION
section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Notarianni can
be reached by telephone at (404) 562–
9031 or via electronic mail
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
CONTACT
I. Background
On March 30, 2012, EPA finalized a
limited approval and a limited
disapproval of SIP revisions submitted
by Kentucky on June 25, 2008, and May
28, 2010, addressing regional haze
program requirements.1 The limited
disapproval of these SIP revisions was
based upon, and limited to, the
Commonwealth’s reliance on CAIR as
an alternative to best available retrofit
technology (BART) for nitrogen oxide
(NOX) and SO2 at certain electric
generating units (EGUs); as a measure
for reasonable progress with respect to
SO2 emissions from these units during
the first implementation period; 2 and as
an element of a long-term strategy (LTS)
for achieving its reasonable progress
goals (RPGs).3 In the March 30, 2012,
1 See
77 FR 19098.
approved Kentucky’s determination in its
regional haze SIP revisions to focus solely on
evaluating SO2 emissions from EGU and non-EGU
point sources in its reasonable progress analysis for
the first implementation period. See 77 FR 19098
(March 30, 2012). Kentucky based its determination
on a sensitivity analysis from the Visibility
Improvement State and Tribal Association of the
Southeast (VISTAS) regional planning organization
demonstrating that sulfate particles resulting from
SO2 emissions are the dominant contributor to
visibility impairment on the 20 percent worst days
at all Class I areas in the VISTAS states, including
Kentucky. For more information, see 76 FR 78194
(December 16, 2011).
3 EPA demonstrated that CAIR would achieve
greater reasonable progress than BART in revisions
to the regional haze program made in 2005. See 70
FR 39104 (July 6, 2005). In those revisions, EPA
amended its regulations to provide that states
participating in the CAIR cap-and-trade programs
pursuant to an EPA-approved CAIR SIP or states
that remain subject to a CAIR FIP need not require
affected BART-eligible EGUs to install, operate, and
maintain BART for emissions of SO2 and NOX. As
a result of EPA’s determination that CAIR was
‘‘better-than-BART,’’ a number of states in the CAIR
region, including Kentucky, relied on the CAIR capand-trade programs as an alternative to BART for
EGU emissions of SO2 and NOX in designing their
regional haze plans. These states also relied on
CAIR as an element of an LTS for achieving their
reasonable progress goals (RPGs) for their regional
haze programs. However, in 2008, the United States
2 EPA
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]]>Agencies
[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Rules and Regulations]
[Pages 13798-13800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06912]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 555
[Docket No. ATF 2017R-21; AG Order No. 4425-2019]
Removal of Expired Regulations
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule makes technical amendments to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the
Code of Federal Regulations (CFR). These technical changes are being
made to remove expired, obsolete, or unnecessary regulations; correct
dates, titles, addresses, and telephone numbers; and to reflect changes
to nomenclature resulting from the transfer of ATF to the Department of
Justice from the Department of the Treasury pursuant to the Homeland
Security Act of 2002. The changes are designed to update and provide
clarity throughout these regulations.
DATES: This rule is effective April 8, 2019.
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:
I. Backgrounds
ATF administers regulations published in 27 CFR part 555,
concerning commerce in explosives. ATF identified several technical
amendments that are needed to update and to provide clarity to these
regulations.
Rather than make substantive changes to the regulations, these
amendments focus on improving the clarity and accuracy of the
regulations. Many of the technical changes reflect the removal of
expired or obsolete regulations; removal of regulations that are no
longer necessary; and the correction of dates, titles, addresses, and
telephone numbers. Additionally, technical changes to Sec. 555.11
reflect a change in nomenclature resulting from the transfer of ATF to
the Department of Justice from the Department of the Treasury pursuant
to the Homeland Security Act of 2002.
Section 555.11 is being amended to remove paragraph (a) and revise
paragraph (b) in the definitions of ``ATF'', ``ATF Officer'',
``Bureau'', and ``Director'' as the information in the regulations is
obsolete, to revise the definition of ``Director, Industry Operations''
for accuracy, and to replace ``Bureau of Alcohol, Tobacco and
Firearms'' with ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice'' in the definition of ``Region'' as the current
definition references the name of the agency under the Department of
the Treasury, prior to the Homeland Security Act of 2002.
Section 555.27 is being removed and reserved as the requirement in
the statute that this regulation implemented is expired and obsolete.
Section 555.30 is being amended to reflect the correct nationwide
toll-free telephone number, and the reference to Form 4712 is being
removed as this information is no longer necessary and is obsolete.
Sections 555.33, 555.142, and 555.165 are being amended to remove
the effective dates, which are no longer necessary.
Sections 555.41, 555.49, 555.51, 555.103, and 555.125 are being
amended to remove and reserve paragraph (a) in each of these sections
as the information in those paragraphs is obsolete.
Section 555.45 is being amended to remove and reserve paragraphs
(a) and (b) as the information in those paragraphs is obsolete.
Section 555.57 is being amended to remove ``For all licenses or
permits issued on and after May 24, 2003'' as this delineation is no
longer necessary.
Section 555.102 is being amended to remove paragraph (b)(1) and
revise paragraph (b)(2) as the information in those paragraphs is
obsolete.
Section 555.105 is being amended to remove the reference to
nonlicensees and nonpermittees in the heading of the section, and to
remove and reserve paragraph (a) as the information in the regulation
is obsolete.
Section 555.126 is being amended to revise the heading of the
section, and to remove and reserve paragraph (a) as the information in
the regulation is obsolete.
Section 555.201 is being amended to remove and reserve paragraph
(e) as the application of this paragraph is obsolete.
Section 555.202 is being amended to remove ``See also Sec.
555.201(e).'' as the referenced sentence is obsolete.
Section 555.218 is being amended to remove the date ``July, 1991''
from the table title and replace it with ``June 1991'', the correct
date.
Section 555.219 is being amended to add the title of the table, as
the title was incorrectly added to the table in 555.220 when published
in the Federal Register.
Section 555.220 is being amended to remove the title above the
table and remove the address for the Fertilizer Institute, as this
information is incorrect.
Section 555.224 is being amended to remove ``(30 days from the date
of publication of the final rule in the Federal Register)'' and to add
the effective date in the third footnote.
II. Statutory Orders and Executive Review
A. Executive Orders 12866, 13563, and 13771
This rule has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), The Principles of Regulation; Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1(b), General Principles of
Regulation; and Executive Order 13771, ``Reducing Regulation and
Controlling Regulatory Costs.''
The rule makes technical corrections to eliminate outdated and
incorrect terminology and improve the clarity of the regulations, and
makes no substantive changes. The Department has determined that this
final rule is not a ``significant regulatory action'' as defined in
Executive Order 12866, section 3(f). Accordingly, this final rule has
not been reviewed by the Office of Management and Budget.
Finally, because this rule is not a significant regulatory action,
it is not subject to the requirements of Executive Order 13771. There
are no costs associated with this regulation; however, it benefits the
industry in that it removes numerous outdated regulations and provides
clarity for the regulated industry. Because there are no costs
associated with this final rule,
[[Page 13799]]
there are no monetized benefits. This rule is considered a deregulatory
action under Executive Order 13771.
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
Under the Administrative Procedure Act (``APA''), 5 U.S.C.
553(b)(3)(B), an agency may, for good cause, find that the usual
requirements of prior notice and comment are impracticable,
unnecessary, or contrary to the public interest. Currently, 27 CFR part
555 contains references to expired regulations and has obsolete,
outdated, and incorrect terminology that may be confusing to the
public. The rule makes technical corrections to improve the clarity of
the regulations and makes no substantive changes. For these reasons,
the agency has determined that publishing a notice of proposed
rulemaking and providing opportunity for public comment is unnecessary.
Further, the APA permits an agency to make this rule effective upon
date of publication, because it is not a substantive rule. See 5 U.S.C.
553(d). Furthermore, the Department finds that there is good cause for
the final rule to take effect upon publication, since the revisions
made by this rule are minor, non-substantive, and technical, and there
is no reason to delay these changes. Id., Sec. 553(d)(3).
E. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603,
604, and 605(b), 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.
F. 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, 2 U.S.C. 1531-1535.
G. 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.
H. Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804.
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.
Sec. 555.11 [Amended]
0
2. Amend Sec. 555.11 as follows:
0
a. In the definition of ``ATF'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation; and
0
iii. Remove ``On and after January 24, 2003.'' and ``, Washington,
DC'';
0
b. In the definition of ``ATF Officer'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation;
0
iii. Remove ``On and after January 24, 2003.''; and
0
iv. Add ``, Department of Justice'' after ``(ATF)'';
0
c. In the definition of ``Bureau'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation; and
0
iii. Remove ``On and after January 24, 2003.'' and ``, Washington,
DC'';
0
d. In the definition of ``Director'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation; and
0
iii. Remove ``On and after January 24, 2003.'' and ``, Washington,
DC'';
0
e. In the definition of ``Director, Industry Operations'' remove
``principal regional official'' and add in its place ``principal field
division official''; and
0
f. In the definition of ``Region'' remove ``Bureau of Alcohol, Tobacco
and Firearms'' and add in its place ``Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of Justice''.
Sec. 555.27 [Removed and Reserved]
0
3. Remove and reserve Sec. 555.27.
Sec. 555.30 [Amended]
0
4. Amend Sec. 555.30 as follows:
0
a. Remove ``1-800-800-3855'' in paragraphs (a), (b), and (d)
introductory text and add in its place ``1-800-461-8841''; and
0
b. Remove ``(formerly Form 4712)'' in paragraph (a).
Sec. 555.33 [Amended]
0
5. In Sec. 555.33, remove ``(effective May 24, 2003)'' from the
section heading.
Sec. 555.41 [Amended]
0
6. In Sec. 555.41, remove and reserve paragraph (a).
Sec. 555.45 [Amended]
0
7. In Sec. 555.45, remove and reserve paragraphs (a) and (b).
Sec. 555.49 [Amended]
0
8. In Sec. 555.49, remove and reserve paragraph (a).
Sec. 555.51 [Amended]
0
9. In Sec. 555.51, remove and reserve paragraph (a).
Sec. 555.57 [Amended]
0
10. In Sec. 555.57, remove ``For all licenses or permits issued on and
after May 24, 2003, each person'' in paragraph (b) and add in its place
``Each person''.
Sec. 555.102 [Amended]
0
11. Amend Sec. 555.102 as follows:
0
a. Remove paragraph (b)(1); and
0
b. Remove the paragraph (b)(2) designation and its heading
``Distribution of surplus stocks on and after May 24, 2003.''.
Sec. 555.103 [Amended]
0
12. Amend Sec. 555.103 by removing and reserving paragraph (a).
Sec. 555.105 [Amended]
0
13. Amend Sec. 555.105 by removing ``nonlicensees, nonpermittees,
and'' from the section heading and removing and reserving paragraph
(a).
Sec. 555.125 [Amended]
0
14. Amend Sec. 555.125 by removing and reserving paragraph (a).
[[Page 13800]]
Sec. 555.126 [Amended]
0
15. Amend Sec. 555.126 by removing ``Explosives transaction record for
distribution of explosive materials prior to May 24, 2003 and'' and
``on and after May 24, 2003'' from the section heading and removing and
reserving paragraph (a).
Sec. 555.142 [Amended]
0
16. In Sec. 555.142, remove ``(effective January 24, 2003)'' from the
section heading.
Sec. 555.165 [Amended]
0
17. In Sec. 555.165, remove ``On and after January 24, 2003, any
licensee or permittee'' in paragraph (b) and add in its place ``Any
licensee or permittee''.
Sec. 555.201 [Amended]
0
18. In Sec. 555.201, remove and reserve paragraph (e).
Sec. 555.202 [Amended]
0
19. In Sec. 555.202, remove ``See also Sec. 555.201(e).'' in
paragraph (a).
Sec. 555.218 [Amended]
0
20. In Sec. 555.218, remove ``July, 1991'' in the table heading and
add in its place ``June 1991''.
Sec. 555.219 [Amended]
0
21. In Sec. 555.219, add the table heading ``TABLE: DEPARTMENT OF
DEFENSE AMMUNITION AND EXPLOSIVES STANDARDS, TABLE 5-4.1 EXTRACT;
4145.27 M, MARCH 1969'' below the table.
Sec. 555.220 [Amended]
0
22. Amend Sec. 555.220 as follows:
0
a. Remove ``TABLE: DEPARTMENT OF DEFENSE AMMUNITION AND EXPLOSIVES
STANDARDS, TABLE 5-4.1 EXTRACT; 4145.27 M, MARCH 1969'' from above the
table; and
0
b. Remove ``1015 18th St. N.W., Washington, DC 20036'' in the footnote
to paragraph (3).
Sec. 555.224 [Amended]
0
23. Amend Sec. 555.224 as follows:
0
a. Remove ``(30 days from the date of publication of the final rule in
the Federal Register)'' in footnote 3 and add in its place ``March 7,
1990''; and
0
b. Add ``(55 FR 3717)''at the end of footnote 3.
Dated: April 2, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-06912 Filed 4-5-19; 8:45 am]
BILLING CODE 4410-FY-P
