80 FR 30615 - 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)
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives Federal Register Volume 80, Issue 103 (May 29, 2015)
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Federal Register Volume 80, Issue 103 (May 29, 2015)
| Page Range | 30615-30617 | |
| FR Document | 2015-12992 |
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)] [Rules and Regulations] [Pages 30615-30617] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12992] ======================================================================= ----------------------------------------------------------------------- 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, http://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
![Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30615
implementing this function are exempt defense articles and services is a foreign (p) [Reserved]
from sections 553 (rulemaking) and 554 affairs function of the United States * * * * *
(adjudications) of the Administrative government and that rules governing the
Procedure Act (APA), pursuant to 5 conduct of this function are exempt Rose E. Gottemoeller,
U.S.C. 553(a)(1). Since the Department from the requirements of Executive Under Secretary, Arms Control and
is of the opinion that this rule is exempt Order 12866. However, the Department International Security, Department of State.
from 5 U.S.C 553, it is the view of the has reviewed the rule to ensure its [FR Doc. 2015–13017 Filed 5–28–15; 8:45 am]
Department that the provisions of consistency with the regulatory BILLING CODE 4710–25–P
Section 553(d) do not apply to this philosophy and principles set forth in
rulemaking. Therefore, this rule is the Executive Order.
effective upon publication. The DEPARTMENT OF JUSTICE
Executive Order 13563
Department also finds that, given the
national security issues surrounding The Department of State has Bureau of Alcohol, Tobacco, Firearms,
U.S. policy toward Fiji, notice and considered this rule in light of and Explosives
public procedure on this rule would be Executive Order 13563, dated January
impracticable, unnecessary, or contrary 18, 2011, and affirms that this regulation 27 CFR Part 447
to the public interest; for this reason, the is consistent with the guidance therein. [Docket No. ATF–25F; AG Order No. 3531–
rule is effective upon publication. 2015]
Executive Order 12988
Regulatory Flexibility Act RIN 1140–AA45
The Department of State has reviewed
Since the Department is of the this rulemaking in light of sections 3(a) Importation of Arms, Ammunition and
opinion that this rule is exempt from the and 3(b)(2) of Executive Order 12988 to Defense Articles—Removal of Certain
provisions of 5 U.S.C. 553, there is no eliminate ambiguity, minimize Defense Articles Currently on the U.S.
requirement for an analysis under the litigation, establish clear legal Munitions Import List That No Longer
Regulatory Flexibility Act. standards, and reduce burden. Warrant Import Control Under the
Unfunded Mandates Reform Act of 1995 Executive Order 13175 Arms Export Control Act (2011R–25P)
This rulemaking does not involve a AGENCY: Bureau of Alcohol, Tobacco,
The Department of State has
mandate that will result in the Firearms, and Explosives (ATF),
determined that this rulemaking will
expenditure by State, local, and tribal Department of Justice.
not have tribal implications, will not
governments, in the aggregate, or by the ACTION: Final rule.
impose substantial direct compliance
private sector, of $100 million or more
costs on Indian tribal governments, and
in any year and it will not significantly SUMMARY: The Department of Justice is
will not pre-empt tribal law.
or uniquely affect small governments. finalizing without change an
Accordingly, the provisions of
Therefore, no actions were deemed amendment to the Bureau of Alcohol,
Executive Order 13175 do not apply to
necessary under the provisions of the Tobacco, Firearms, and Explosives
this rulemaking.
Unfunded Mandates Reform Act of regulations to remove those defense
1995. Paperwork Reduction Act articles currently on the United States
Munitions Import List that ATF by
Small Business Regulatory Enforcement This rule does not impose any new
delegation has determined no longer
Fairness Act of 1996 reporting or recordkeeping requirements
warrant import control under the Arms
This rulemaking has been found not subject to the Paperwork Reduction Act,
Export Control Act.
to be a major rule within the meaning 44 U.S.C. Chapter 35.
DATES: This rule is effective June 29,
of the Small Business Regulatory List of Subjects in 22 CFR Part 126 2015.
Enforcement Fairness Act of 1996.
Arms and munitions, Exports. FOR FURTHER INFORMATION CONTACT:
Executive Orders 12372 and 13132 George M. Fodor, Office of Regulatory
For the reasons set forth above, 22
This rulemaking will not have CFR part 126 is amended as follows: Affairs, Enforcement Programs and
substantial direct effects on the States, Services, Bureau of Alcohol, Tobacco,
on the relationship between the national PART 126—GENERAL POLICIES AND Firearms, and Explosives, U.S.
government and the States, or on the PROVISIONS Department of Justice, 99 New York
distribution of power and Avenue NE., Washington, DC 20226;
responsibilities among the various ■ 1. The authority citation for part 126 telephone: (202) 648–7070.
levels of government. Therefore, in continues to read as follows: SUPPLEMENTARY INFORMATION:
accordance with Executive Order 13132, Authority: Secs. 2, 38, 40, 42, and 71, Pub. I. Background
it is determined that this rulemaking L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
does not have sufficient federalism 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 Section 38 of the Arms Export Control
implications to require consultations or U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, Act of 1976 (AECA), 22 U.S.C. 2778, as
warrant the preparation of a federalism 1994 Comp., p. 899; Sec. 1225, Pub. L. 108– amended, authorizes the President, in
summary impact statement. The 375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– furtherance of world peace and the
regulations implementing Executive 266; Sections 7045 and 7046, Pub. L. 112–74; security and foreign policy of the United
E.O. 13637, 78 FR 16129. States, to control the import and the
Order 12372 regarding
intergovernmental consultation on export of defense articles and defense
Lhorne on DSK2VPTVN1PROD with RULES
■ 2. Section 126.1 is amended by
Federal programs and activities do not removing and reserving paragraph (p) to services. 22 U.S.C. 2778(a)(1). The
apply to this rulemaking. read as follows: AECA also authorizes the President to
designate those items that shall be
Executive Order 12866 § 126.1 Prohibited exports, imports, and considered defense articles and defense
The Department is of the opinion that sales to or from certain countries. services for the purposes of section 38,
controlling the import and export of * * * * * and to promulgate regulations for the
VerDate Sep<11>2014 14:17 May 28, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\29MYR1.SGM 29MYR1](https://thefederalregister.org/doc/80_FR_30718/page/1.svg)
![Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30617
Executive Order 13563, ‘‘Improving during normal business hours at the contained in 28 CFR part 0, subpart Y,
Regulation and Regulatory Review.’’ ATF Reading Room, Room 1E–062, 99 §§ 0.160–0.169. See 60 FR 15675 (Mar.
Only one comment was received as a New York Avenue NE., Washington, DC 27, 1995). This final rule increases the
result of this outreach. The commenter 20226; telephone: (202) 648–8740. monetary thresholds for the exercise of
generally believes that the rule creates this authority by the Assistant Attorneys
Drafting Information
additional legal requirements without General and increases the redelegation
providing measures to prevent crime. The author of this document is George authority to the United States Attorneys
The Department believes that the rule in M. Fodor, Office of Regulatory Affairs, with respect to accepting offers of
fact has the opposite effect, decreasing Enforcement Programs and Services, compromise for affirmative claims.
legal requirements by removing defense Bureau of Alcohol, Tobacco, Firearms, This final rule amends 28 CFR
articles from the USMIL while and Explosives. 0.160(a)(1) to increase the authority of
enhancing national security by focusing the Assistant Attorneys General to
List of Subjects in 27 CFR Part 447
resources on imports that need to be compromise a civil claim asserted by
protected. Administrative practice and the United States where the proposed
procedure, Arms and munitions, settlement is within $10 million or 15
E. Regulatory Flexibility Act Chemicals, Customs duties and percent of the original claim (up from
The provisions of the Regulatory inspection, Imports, Penalties, the current threshold of $2 million or 15
Flexibility Act relating to an initial and Reporting and recordkeeping percent of the original claim). As
final regulatory flexibility analysis are requirements, Scientific equipment, provided in § 0.164, this change to
not applicable to this final rule because Seizures and forfeitures. § 0.160(a)(1) also means that the
the Department was not required to Assistant Attorneys General will have
publish a general notice of proposed PART 447—IMPORTATION OF ARMS, authority to close affirmative civil
rulemaking under 5 U.S.C. 553 or any AMMUNITION AND DEFENSE matters within the same new limits.
other law. See 5 U.S.C. 601 et seq. ARTICLES The final rule adds a new paragraph
Accordingly, for the reasons § 0.160(a)(2) to allow the Assistant
F. Small Business Regulatory Attorneys General to accept
Enforcement Fairness Act of 1996 discussed in the preamble, the interim
final rule amending part 447 of title 27 compromises in affirmative civil cases
This rule is not a major rule as of the Code of Federal Regulations, independent of the $10 million cap in
defined by section 251 of the Small which was published at 79 FR 17024 on the limited circumstance where a
Business Regulatory Enforcement March 27, 2014, is adopted as a final qualified financial expert has reviewed
Fairness Act of 1996. 5 U.S.C. 804. This rule, without change. the defendant’s finances and has
rule is not likely to result in an annual determined that the defendant likely
effect on the economy of $100 million Dated: May 21, 2015. does not have the ability to pay more
or more; a major increase in costs or Loretta E. Lynch, than the proposed compromise offer.
prices; or significant adverse effects on Attorney General. This would obviate the need to obtain
competition, employment, investment, [FR Doc. 2015–12992 Filed 5–28–15; 8:45 am] higher level approval when claims are
productivity, innovation, or the ability BILLING CODE 4410–FY–P being compromised simply based on the
of United States-based enterprises to defendant’s financial condition rather
compete with foreign-based enterprises than an analysis of the legal or factual
in domestic and export markets. DEPARTMENT OF JUSTICE merits of the claim. To clarify that new
§ 0.160(a)(2) applies to all cases within
G. Unfunded Mandates Reform Act of Office of the Attorney General the authority of the Assistant Attorney
1995 General for the Environment and
This rule will not result in the 28 CFR Part 0 Natural Resources Division, including
expenditure by State, local and tribal [Docket No. OAG 147; AG Order No. 3532– cases brought under the Comprehensive
governments, in the aggregate, or by the 2015] Environmental Response, Compensation
private sector, of $100 million or more and Liability Act, 42 U.S.C. 9601 et seq.,
in any one year, and it will not Authority of the Assistant Attorneys the final rule also amends § 0.160(c)(2)
significantly or uniquely affect small General To Compromise or Close Civil by removing language similar to new
governments. Therefore, no actions were Claims § 0.160(a)(2).
deemed necessary under the provisions In addition, the final rule also
AGENCY: Department of Justice. increases the authority for the Assistant
of the Unfunded Mandates Reform Act
of 1995. See 2 U.S.C. 1501 et seq. ACTION: Final rule. Attorneys General to accept offers in
compromise of claims asserted against
H. Paperwork Reduction Act SUMMARY: This final rule amends the
the United States of up to $4 million (up
Department’s regulations to increase the
The provisions of the Paperwork from the current threshold of $2
authority currently delegated to the
Reduction Act of 1995, Public Law 104– million). See new § 0.160(a)(3)
Assistant Attorneys General to
13, 44 U.S.C. Chapter 35, and its (currently § 0.160(a)(2)).
compromise or close civil claims and to The final rule also amends § 0.168(d)
implementing regulations, 5 CFR part make certain technical corrections.
1320, do not apply to this rule because to allow a delegation of authority to the
DATES: Effective May 29, 2015 United States Attorneys to compromise
there are no reporting or recordkeeping
requirements. FOR FURTHER INFORMATION CONTACT: claims asserted by the United States for
August E. Flentje, Acting Deputy up to $10 million (up from a claim of
Lhorne on DSK2VPTVN1PROD with RULES
Disclosure Assistant Attorney General, Civil $5 million where the settlement
Copies of the interim final rule and Division, Department of Justice, difference does not exceed $1 million).
the comment received are available for Washington, DC 20530; (202) 514–3309. Citations to subsections of § 0.160 in
public inspection through the Federal e- SUPPLEMENTARY INFORMATION: The §§ 0.162 and 0.168 also have been
Government portal, http:// current delegations of authority to revised in light of the changes to
www.regulations.gov, or by appointment compromise or close civil claims are § 0.160.
VerDate Sep<11>2014 14:17 May 28, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\29MYR1.SGM 29MYR1](https://thefederalregister.org/doc/80_FR_30718/page/3.svg)
Document Created: 2015-12-15 15:31:14
Document Modified: 2015-12-15 15:31:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 29, 2015. | |
| 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. | |
| FR Citation | 80 FR 30615 | |
| RIN Number | 1140-AA45 | |
| CFR Associated | Administrative Practice and Procedure; Arms and Munitions; Chemicals; Customs Duties and Inspection; Imports; Penalties; Reporting and Recordkeeping Requirements; Scientific Equipment and Seizures and Forfeitures |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR