80 FR 59580 - Technical Amendments to Regulations; Correction

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range		59580-59581
FR Document		2015-25190

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.

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)

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


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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

59580 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

the requirements of the Regulatory requirements for becoming an EDGAR SUMMARY: The Department of Justice
Flexibility Act 7 do not apply. Filer and updating company data are set published in the Federal Register of
The effective date for the updated forth in the updated EDGAR Filer August 11, 2014, a final rule making
Filer Manual and the rule amendments Manual, Volume I: ‘‘General technical changes to correcting a
is October 2, 2015. In accordance with Information,’’ Version 23 (September technical amendment to a definition in
the APA,8 we find that there is good 2015). The requirements for filing on the Bureau of Alcohol, Tobacco,
cause to establish an effective date less EDGAR are set forth in the updated Firearms, and Explosives regulations
than 30 days after publication of these EDGAR Filer Manual, Volume II: related to commerce in explosives. That
rules. The EDGAR system upgrade to ‘‘EDGAR Filing,’’ Version 34 (September document inadvertently included an
Release 15.3 is scheduled to become 2015). Additional provisions applicable incorrect definition for ‘‘Customs
available on September 14, 2015. The to Form N–SAR filers are set forth in the officer’’ in 27 CFR part 555. This final
Commission believes that establishing EDGAR Filer Manual, Volume III: ‘‘N– rule corrects the 2014 amendments by
an effective date less than 30 days after SAR Supplement,’’ Version 5
publication of these rules is necessary to revising the definition.
(September 2015). All of these
coordinate the effectiveness of the provisions have been incorporated by DATES: This rule is effective October 2,
updated Filer Manual with the system reference into the Code of Federal 2015.
upgrade. Regulations, which action was approved
FOR FURTHER INFORMATION CONTACT:
Statutory Basis by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and Shermaine Kenner, Office of Regulatory
We are adopting the amendments to 1 CFR part 51. You must comply with Affairs, Enforcement Programs and
Regulation S–T under Sections 6, 7, 8, these requirements in order for Services, Bureau of Alcohol, Tobacco,
10, and 19(a) of the Securities Act of documents to be timely received and Firearms, and Explosives, U.S.
1933,9 Sections 3, 12, 13, 14, 15, 23, and accepted. The EDGAR Filer Manual is Department of Justice, 99 New York
35A of the Securities Exchange Act of available for Web site viewing and Avenue NE., Washington, DC 20226;
1934,10 Section 319 of the Trust printing; the address for the Filer telephone: (202) 648–7070 (this is not a
Indenture Act of 1939,11 and Sections 8, Manual is http://www.sec.gov/info/ toll-free number).
30, 31, and 38 of the Investment edgar.shtml. You can obtain paper
Company Act of 1940.12 SUPPLEMENTARY INFORMATION:
copies of the EDGAR Filer Manual from
List of Subjects in 17 CFR Part 232 the following address: Public Reference Background
Room, U.S. Securities and Exchange
Incorporation by reference, Reporting Commission, 100 F Street NE., The Bureau of Alcohol, Tobacco,
and recordkeeping requirements, Washington, DC 20549, on official Firearms, and Explosives (ATF)
Securities. business days between the hours of administers regulations published in
Text of the Amendment 10:00 a.m. and 3:00 p.m. You can also title 27, chapter II, Code of Federal
inspect the document at the National Regulations (CFR). On August 11, 2014,
In accordance with the foregoing,
Archives and Records Administration the Department of Justice (DOJ)
Title 17, Chapter II of the Code of
(NARA). For information on the published in the Federal Register a final
Federal Regulations is amended as
follows: availability of this material at NARA, rule that made technical amendments
call 202–741–6030, or go to: http:// and corrected typographical errors in
PART 232—REGULATION S–T— www.archives.gov/federal_register/ ATF regulations in the CFR (79 FR
GENERAL RULES AND REGULATIONS code_of_federal_regulations/ibr_ 46690). Many of the technical changes
FOR ELECTRONIC FILINGS locations.html. were made to reflect changes in
By the Commission. nomenclature resulting from the transfer
■ 1. The authority citation for Part 232 Dated: September 15, 2015. of ATF to DOJ from the Department of
continues to read in part as follows: the Treasury, pursuant to the Homeland
Brent J. Fields,
Authority: 15 U.S.C. 77c, 77f, 77g, 77h, Secretary. Security Act of 2002. The changes were
77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, designed to provide clarity and enhance
[FR Doc. 2015–24904 Filed 10–1–15; 8:45 am]
78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, uniformity throughout these regulations.
80a–29, 80a–30, 80a–37, and 7201 et seq.; BILLING CODE 8011–01–P
and 18 U.S.C. 1350 unless otherwise noted. The 2014 technical amendments
* * * * * inadvertently contained an incorrect
■ 2. Section 232.301 is revised to read DEPARTMENT OF JUSTICE definition for ‘‘Customs officer’’ in 27
as follows: CFR part 555. This final rule corrects
Bureau of Alcohol, Tobacco, Firearms, the changes in the Code of Federal
§ 232.301 EDGAR Filer Manual. and Explosives Regulations made by the 2014 technical
Filers must prepare electronic filings amendments by revising the definition.
in the manner prescribed by the EDGAR 27 CFR Part 555 Section 555.11, defining ‘‘Customs
Filer Manual, promulgated by the [Docket No. ATF 2013R–9F; AG Order No. officer,’’ is being amended so that it no
Commission, which sets out the 3566–2015] longer contains a reference to ‘‘Customs
technical formatting requirements for Service.’’ The new definition reads as
asabaliauskas on DSK5VPTVN1PROD with RULES

electronic submissions. The Technical Amendments to follows: ‘‘Any officer of U.S. Customs
Regulations; Correction and Border Protection, any
75U.S.C. 601–612.
85 AGENCY: Bureau of Alcohol, Tobacco, commissioned, warrant, or petty officer
U.S.C. 553(d)(3).
9 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). Firearms, and Explosives, Department of of the Coast Guard, or any agent or other
10 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and Justice. person authorized by law to perform the
78ll. ACTION: Final rule; Correcting duties of a customs officer.’’
11 15 U.S.C. 77sss.
12 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.
amendments.

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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59581

How This Document Complies With the E. Regulatory Flexibility Act List of Subjects in 27 CFR Part 555
Federal Administrative Requirements The Attorney General, in accordance Administrative practice and
for Rulemaking with the Regulatory Flexibility Act, 5 procedure, Customs duties and
A. Executive Order 12866 and Executive U.S.C. 605(b), has reviewed this rule inspection, Explosives, Hazardous
Order 13563 and, by approving it, certifies that it will substances, Imports, Penalties,
not have a significant economic impact Reporting and recordkeeping
This final rule has been drafted and on a substantial number of small entities requirements, Safety, Security measures,
reviewed in accordance with Executive because it pertains to personnel and Seizures and forfeitures, Transportation,
Order 12866, ‘‘Regulatory Planning and administrative matters affecting the and Warehouses.
Review,’’ section 1(b), The Principles of Department. Further, a Regulatory
Regulation, and Executive Order 13563, Authority and Issuance
Flexibility Analysis is not required for
‘‘Improving Regulation and Regulatory this final rule because the Department Accordingly, for the reasons
Review,’’ section 1, General Principles was not required to publish a general discussed in the preamble, 27 CFR part
of Regulation. This rule is limited to notice of proposed rulemaking for this 555 is amended as follows:
agency organization, management, or matter. See 5 U.S.C. 604.
personnel matters as described by PART 555—COMMERCE IN
Executive Order 12866, section 3(d)(3) F. Small Business Regulatory EXPLOSIVES
and, therefore, is not a ‘‘regulation’’ or Enforcement Fairness Act of 1996
‘‘rule’’ as defined by that Executive ■ 1. The authority citation for 27 CFR
This rule is not a major rule as part 555 continues to read as follows:
Order. defined by section 251 of the Small
Business Regulatory Enforcement Authority: 18 U.S.C. 847.
B. Executive Order 13132
Fairness Act of 1996, 5 U.S.C. 804. This ■ 2. Revise the definition of ‘‘Customs
This final rule will not have rule will not result in an annual effect officer’’ in § 555.11 to read as follows:
substantial direct effects on the States, on the economy of $100 million or
on the relationship between the Federal more; a major increase in costs or prices; § 555.11 Meaning of terms.
Government and the States, or on the or significant adverse effects on * * * * *
distribution of power and competition, employment, investment, Customs officer. Any officer of U.S.
responsibilities among the various productivity, innovation, or on the Customs and Border Protection, any
levels of government. Therefore, in ability of United States-based commissioned, warrant, or petty officer
accordance with section 6 of Executive enterprises to compete with foreign- of the Coast Guard, or any agent or other
Order 13132, ‘‘Federalism,’’ the based enterprises in domestic and person authorized by law to perform the
Attorney General has determined that export markets. duties of a customs officer.
this regulation does not have sufficient * * * * *
federalism implications to warrant the G. Unfunded Mandates Reform Act of
preparation of a federalism summary 1995 Dated: September 28, 2015.
impact statement. Loretta E. Lynch,
This rule was not preceded by a
published notice of proposed Attorney General.
C. Executive Order 12988
rulemaking; will not result in the [FR Doc. 2015–25190 Filed 10–1–15; 8:45 am]
This regulation meets the applicable expenditure by State, local, and tribal BILLING CODE 4410–FY–P
standards set forth in sections 3(a) and governments, in the aggregate, or by the
3(b)(2) of Executive Order 12988, ‘‘Civil private sector, of $100 million or more
Justice Reform.’’ in any one year; will not significantly or DEPARTMENT OF DEFENSE
D. Administrative Procedure Act uniquely affect small governments; and
does not contain significant Office of the Secretary
This final rule is purely a matter of intergovernmental mandates. Therefore,
agency management. Accordingly, this no actions were deemed necessary 32 CFR Part 236
rule is exempt from the usual under the provisions of the Unfunded [DOD–2014–OS–0097]
requirements of prior notice and Mandates Reform Act of 1995, 2 U.S.C.
comment and a 30-day delay in the 1531–1535. RIN 0790–AJ29
effective date. See 5 U.S.C. 553(a)(2). In
H. Paperwork Reduction Act of 1995 Department of Defense (DoD)-Defense
addition, prior notice and comment are
Industrial Base (DIB) Cybersecurity
not required because the final rule is a This final rule does not impose any
(CS) Activities
rule of agency organization, procedure, new reporting or recordkeeping
or practice. See 5 U.S.C. 553(b). requirements under the Paperwork AGENCY: Office of the DoD Chief
Moreover, the Department finds good Reduction Act, 44 U.S.C. 3501–3521. Information Officer, DoD.
cause for exempting the rule from those ACTION: Interim final rule.
requirements. Because this final rule I. Congressional Review Act
makes a technical correction for This action pertains to agency SUMMARY: DoD is revising its DoD–DIB
accuracy and to improve the clarity of organization, procedure, or practice, and Cybersecurity (CS) Activities regulation
the regulations, the Department finds it does not substantially affect the rights or to mandate reporting of cyber incidents
asabaliauskas on DSK5VPTVN1PROD with RULES

unnecessary to publish this rule for obligations of non-agency parties and, that result in an actual or potentially
public notice and comment. See 5 accordingly, is not a ‘‘rule’’ as that term adverse effect on a covered contractor
U.S.C. 553(b). Similarly, because is used by the Congressional Review Act information system or covered defense
delaying the effective date of this rule (Subtitle E of the Small Business information residing therein, or on a
would serve no purpose, the Regulatory Enforcement Fairness Act of contractor’s ability to provide
Department also finds good cause to 1996). See 5 U.S.C. 804(3). Therefore, operationally critical support, and
make this rule effective upon the reporting requirement of 5 U.S.C. modify eligibility criteria to permit
publication. See 5 U.S.C. 553(d)(3). 801 does not apply. greater participation in the voluntary

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Document Created: 2015-12-15 08:44:26
Document Modified: 2015-12-15 08:44:26

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; Correcting amendments.
Dates		This rule is effective October 2, 2015.
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).
FR Citation		80 FR 59580
CFR Associated		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

80 FR 59580 - Technical Amendments to Regulations; Correction

DEPARTMENT OF JUSTICEBureau of Alcohol, Tobacco, Firearms, and Explosives

Federal Register Volume 80, Issue 191 (October 2, 2015)

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives