17024 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations 

Annual Update of Filing Fees 

(Issued March 20, 2014) 

The Federal Energy Regulatory 

Commission (Commission) is issuing 

this notice to update filing fees that the 

Commission assesses for specific 

services and benefits provided to 

identifiable beneficiaries. Pursuant to 18 

CFR 381.104, the Commission is 

establishing updated fees on the basis of 

the Commission’s Fiscal Year 2013 

costs. The adjusted fees announced in 

this notice are effective April 28, 2014. 

The Commission has determined, with 

the concurrence of the Administrator of 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget, that this final rule is not a major 

rule within the meaning of section 251 

of Subtitle E of Small Business 

Regulatory Enforcement Fairness Act, 5 

U.S.C. 804(2). The Commission is 

submitting this final rule to both houses 

of the United States Congress and to the 

Comptroller General of the United 

States. 

The new fee schedule is as follows: 

Fees Applicable to the Natural Gas Policy Act 

1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ...................................................................... $ 12,070 

Fees Applicable to General Activities 

1. Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ................ $ 24,260 

2. Review of a Department of Energy remedial order:.

Amount in controversy 

$ 0–9,999. (18 CFR 381.303(b)) .................................................................................................................................................. $ 100 

$ 10,000–29,999. (18 CFR 381.303(b)) ....................................................................................................................................... $ 600 

$ 30,000 or more. (18 CFR 381.303(a)) ...................................................................................................................................... $ 35,410 

3. Review of a Department of Energy denial of adjustment:.

Amount in controversy 

$ 0–9,999. (18 CFR 381.304(b)) .................................................................................................................................................. $ 100 

$ 10,000–29,999. (18 CFR 381.304(b)) ....................................................................................................................................... $ 600 

$ 30,000 or more. (18 CFR 381.304(a)) ...................................................................................................................................... $ 18,570 

4. Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) ............................................................... $ 6,960 

Fees Applicable to Natural Gas Pipelines 

1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) ................................................................. * $ 1,000 

Fees Applicable to Cogenerators and Small Power Producers 

1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) .................................................. $ 20,860 

2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) ..................................................................... $ 23,610 

* This fee has not been changed. 

List of Subjects in 18 CFR Part 381 

Electric power plants, Electric 

utilities, Natural gas, Reporting and 

recordkeeping requirements. 

Anton C. Porter, 

Executive Director. 

In consideration of the foregoing, the 

Commission amends Part 381, Chapter I, 

Title 18, Code of Federal Regulations, as 

set forth below. 

PART 381—FEES 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 15 U.S.C. 717–717w; 16 U.S.C. 

791–828c, 2601–2645; 31 U.S.C. 9701; 42 

U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. 

U.S.C. 1–85. 

§ 381.302 [Amended] 

■ 2. In 381.302, paragraph (a) is 

amended by removing ‘‘$ 24,370’’ and 

adding ‘‘$ 24,260’’ in its place. 

§ 381.303 [Amended] 

■ 3. In 381.303, paragraph (a) is 

amended by removing ‘‘$ 35,580’’ and 

adding ‘‘$ 35,410’’ in its place. 

§ 381.304 [Amended] 

■ 4. In 381.304, paragraph (a) is 

amended by removing ‘‘$ 18,650’’ and 

adding ‘‘$ 18,570’’ in its place. 

§ 381.305 [Amended] 

■ 5. In 381.305, paragraph (a) is 

amended by removing ‘‘$ 6,990’’ and 

adding ‘‘$ 6,960’’ in its place. 

§ 381.403 [Amended] 

■ 6. Section 381.403 is amended by 

removing ‘‘$ 12,130’’ and adding ‘‘$ 

12,070’’ in its place. 

§ 381.505 [Amended] 

■ 7. In 381.505, paragraph (a) is 

amended by removing ‘‘$ 20,960’’ and 

adding ‘‘$ 20,860’’ in its place and by 

removing ‘‘$ 23,720’’ and adding ‘‘$ 

23,610’’ in its place. 

[FR Doc. 2014–06596 Filed 3–26–14; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 447 

[Docket No. ATF–25I; AG Order No. 3423– 

2014] 

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: Interim final rule with request 

for comments. 

SUMMARY: The Department of Justice is 

amending Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) 

regulations to remove those defense 

articles currently on the U.S. Munitions 

Import List that ATF by delegation has 

determined no longer warrant import 

control under the Arms Export Control 

Act. 

DATES: Effective date: This interim final 

rule is effective April 28, 2014. 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations 17025 

Comment date: Written comments 

must be postmarked and electronic 

comments must be submitted on or 

before June 25, 2014. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept comments after 

Midnight Eastern Time on the last day 

of the comment period. 

ADDRESSES: You may submit comments, 

identified by docket number (ATF 25I), 

by any of the following methods— 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 648–9741. 

• Mail: George M. Fodor, Mailstop 

6N–602, 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; ATTN: ATF 25I. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to the Federal 

eRulemaking portal, http://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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 

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. E.O. 13637, 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. 

E.O. 13637, 78 FR 16129. 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 sec. 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 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. Pursuant to section 38(f) of the 

Arms Export Control Act, those defense 

articles are being transferred to the 

Department of Commerce’s Commerce 

Control List (CCL) 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 

identified a way to improve the United 

States import control system to enhance 

national security and focus resources on 

protecting items for import 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 

ATF reviewed the USMIL in 

accordance with Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ and the export control reform 

interagency task force request. Those 

defense articles on the USMIL that ATF 

(acting through authority delegated from 

the President to the Attorney General, 

and in turn delegated by the Attorney 

General to ATF) has determined no 

longer warrant import control under the 

AECA are being removed from the 

USMIL. Controlling the permanent 

import of defense articles furthers 

United States foreign policy and 

national security interests and is a 

foreign affairs function of the U.S. 

Government. This interim final rule 

amends the regulations at 27 CFR 

447.21 by removing those defense 

articles currently on the USMIL 

determined to no longer warrant import 

control under the AECA. 

The Department is removing from the 

USMIL Category I—Firearms, paragraph 

(e), ‘‘Riflescopes manufactured to 

military specifications and specifically 

designed or modified components 


sroberts on DSK5SPTVN1PROD with RULES
17026 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations 

therefor.’’ The defense articles currently 

covered by Category I, paragraph (e) are 

readily available through diverse 

domestic commercial sources and they 

do not present a significant concern for 

trafficking or diversion into illicit 

channels. The defense articles currently 

covered by Category I, paragraph (e) do 

not warrant import control under the 

AECA. The Department reserves this 

paragraph. 

In Category III—Ammunition, the 

Department is removing and then 

reserving paragraphs (c), ‘‘Ammunition 

belting and linking machines,’’ and (d), 

‘‘Ammunition manufacturing machines 

and ammunition loading machines 

(except handloading ones).’’ These 

defense articles are costly, difficult to 

maintain, too heavy for easy transport, 

and readily available from domestic 

vendors in the United States. These 

defense articles do not pose a trafficking 

and diversion threat warranting import 

control under the AECA. 

In addition, in Category IV—Launch 

Vehicles, Guided Missiles, Ballistic 

Missiles, Rockets, Torpedoes, Bombs 

and Mines, the Department is removing 

and reserving paragraph (f), ‘‘Ablative 

materials fabricated or semi-fabricated 

from advanced composites (e.g., silica, 

graphite, carbon, carbon/carbon, and 

boron filaments) for the articles in this 

category that are derived directly from 

or specifically developed or modified 

for defense articles.’’ Such materials are 

a low threat to domestic security and are 

readily available in the domestic 

market. 

In Category VI—Vessels of War and 

Special Naval Equipment, the 

Department is clarifying paragraph (a) to 

read: ‘‘Vessels of War, if they are armed 

and equipped with offensive or 

defensive weapons systems, including 

but not limited to amphibious warfare 

vessels, landing craft, mine warfare 

vessels, patrol vessels, auxiliary vessels, 

service craft, experimental types of 

naval ships, and any vessels specifically 

designed or modified for military 

purposes or other surface vessels 

equipped with offensive or defensive 

military systems.’’ The new text focuses 

precisely on defense articles that might 

threaten domestic security or enable 

terrorist activities. 

Further in Category VI—Vessels of 

War and Special Naval Equipment, the 

Department is revising paragraph (b) to 

read: ‘‘Turrets and gun mounts, special 

weapons systems, protective systems, 

and other components, parts, 

attachments, and accessories 

specifically designed or modified for 

such articles on combatant vessels.’’ The 

new language focuses on defense 

articles that might threaten domestic 

security or enable terrorist activities. 

Also in Category VI, the Department is 

removing and reserving paragraphs (c) 

and (d). Mine sweeping equipment, 

harbor entrance detection devices, and 

related components and controls have 

numerous domestic suppliers and are 

low threats to domestic security. 

Additionally, the Department is revising 

the note in Category VI to clarify that 

the examples of vessels of war provided 

in Category VI must be armed and 

equipped with offensive or defensive 

weapon systems to be considered a 

defense article on the USMIL. 

The Department is updating Category 

VII—Tanks and Military Vehicles by 

removing and reserving paragraph (g), 

‘‘Engines specifically designed or 

modified for the vehicles in paragraphs 

(a), (b), (c), and (f) of this category.’’ The 

defense articles listed in Category VII, 

paragraph (g) are substantially the same 

as those commercially available in the 

domestic market and not likely to be 

diverted for criminal use. The 

Department is revising paragraph (h) 

and including two explanatory notes. 

The Department is also adding a new 

paragraph (i), with a corresponding new 

note to Category VII to clarify that this 

category includes within its scope other 

ground vehicles that meet four technical 

parameters in the Wassenaar 

Arrangement’s Munitions List Category 

6. 

In Category XIV—Toxicological 

Agents and Equipment and Radiological 

Equipment, the Department is removing 

and reserving paragraph (b) (biological 

agents) and revising paragraph (c) to 

limit regulation to all specifically 

designed or modified equipment, 

including components, parts, 

accessories, and attachments, for 

disseminating the articles in paragraph 

(a) of this category. The U.S. Department 

of Health and Human Services and the 

U.S. Department of Agriculture regulate 

the import and use of biological agents 

under such acts as the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act of 2001, 

Public Law 107–56, and the Public 

Health Security and Bioterrorism 

Preparedness and Response Act of 2002, 

Public Law 107–188. Therefore, 

continued inclusion of these items on 

the USMIL is unnecessary to ensure 

domestic security. Further, by removing 

and reserving paragraph (d) (nuclear 

radiation detection and measuring 

devices manufactured to military 

specification) and paragraph (e) 

(components, parts, accessories, 

attachments, and associated equipment 

specifically designed or modified for the 

articles in paragraphs (c) and (d) of this 

category), the Department recognizes the 

domestic availability of these articles 

and the associated low threat to 

domestic security. 

Finally, the Department is updating 

policies related to Category XVI— 

Nuclear Weapons Design and Test 

Equipment, to the extent that imports of 

these defense articles are under the 

control of the Department of Energy 

pursuant to the Atomic Energy Act of 

1954, as amended, and the Nuclear Nonproliferation Act of 1978, as amended, 

or are government transfers authorized 

pursuant to these Acts. The Department 

is removing and reserving paragraph (a), 

(any article, material, equipment, or 

device, which is specifically designed or 

modified for use in the design, 

development, or fabrication of nuclear 

weapons or nuclear explosive devices), 

revising paragraph (b) to include 

modeling or simulation tools that model 

or simulate the environments generated 

by nuclear detonations or the effects of 

these environments on systems, 

subsystems, components, structures, or 

humans, and adding an explanatory 

note after paragraph (b) to indicate that 

Category XVI does not include 

equipment, technical data, or services 

controlled by the Department of Energy 

pursuant to the Atomic Energy Act of 

1954, as amended, and the Nuclear NonProliferation Act of 1978, as amended, 

or are government transfers authorized 

pursuant to these Acts. 

Pursuant to Executive Order 13637, 

the Department of State and the 

Department of Defense have concurred 

on this interim final rule amending the 

USMIL. 

IV. 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 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. 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations 17027 

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 wishes to provide 

the public with an opportunity to 

participate in the regulatory process and 

provide feedback pursuant to Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review.’’ Accordingly, 

the Department is publishing this rule 

as an interim final rule with a 90-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import of defense 

articles is a foreign affairs function of 

the United States Government. 

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 interim final rule 

because the Department is not 

publishing the rule as 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. 

Public Participation 

A. Comments Sought 

The Department is requesting 

comments on the interim final rule from 

all interested persons. The Department 

is also specifically requesting comments 

on the clarity of this interim final rule 

and how it may be made easier to 

understand. 

All comments must reference this 

document docket number (ATF 25I), be 

legible, and include your name and 

mailing address. The Department will 

treat all comments as originals and will 

not acknowledge receipt of comments. 

Comments received on or before the 

closing date will be carefully 

considered. Comments received after 

that date will be given the same 

consideration if it is practical to do so, 

but assurance of consideration cannot 

be given except as to comments received 

on or before the closing date. 

B. Confidentiality 

Comments, whether submitted 

electronically or on paper, will be made 

available for public viewing at ATF, and 

on the Internet as part of the 

eRulemaking initiative, and are subject 

to the Freedom of Information Act. 

Commenters who do not want their 

name or other personal identifying 

information posted on the Internet 

should submit their comment by mail or 

facsimile, along with a separate cover 

sheet that contains their personal 

identifying information. Both the cover 

sheet and comment must reference this 

docket number. Information contained 

in the cover sheet will not be posted on 

the Internet. Any personal identifying 

information that appears within the 

comment will be posted on the Internet 

and will not be redacted by ATF. 

Any material that the commenter 

considers to be inappropriate for 

disclosure to the public should not be 

included in the comment. Any person 

submitting a comment shall specifically 

designate that portion (if any) of the 

comment that contains material that is 

confidential under law (e.g., trade 

secrets, processes, etc.). Any portion of 

a comment that is confidential under 

law shall be set forth on pages separate 

from the balance of the comment and 

shall be prominently marked 

‘‘confidential’’ at the top of each page. 

Confidential information will be 

included in the rulemaking record but 

will not be disclosed to the public. Any 

comments containing material that is 

not confidential under law may be 

disclosed to the public. In any event, the 

name of the person submitting a 

comment is not exempt from disclosure. 

C. Submitting Comments 

Comments may be submitted in any of 

three ways: 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 

of this document. Written comments 

must appear in minimum 12 point font 

size (.17 inches), include your mailing 

address, and be signed, and may be of 

any length. 

• Facsimile: You may submit 

comments by facsimile transmission to 

(202) 648–9741. Faxed comments must: 

(1) Be legible and appear in minimum 

12 point font size (.17 inches); 

(2) Be on 81⁄2′′ x 11′′ paper; 

(3) Contain a legible, written 

signature; and 

(4) Be no more than five pages long. 

ATF will not accept faxed comments 

that exceed five pages. 

• Federal eRulemaking Portal: To 

submit comments to ATF via the federal 

eRulemaking portal, visit http://

www.regulations.gov and follow the 

instructions for submitting comments. 

Disclosure 

Copies of this interim rule and the 

comments received will be available for 

public inspection online at 

www.regulations.gov and by 

appointment during normal business 

hours at: 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 control, Arms and 

munitions, Authority delegation, 

Chemicals, Customs duties and 

inspection, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Scientific equipment, 

Seizures and forfeitures. 


sroberts on DSK5SPTVN1PROD with RULES
17028 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, part 447 of 

title 27 of the Code of Federal 

Regulations is amended as follows: 

PART 447—IMPORTATION OF ARMS, 

AMMUNITION AND DEFENSE 

ARTICLES 

■ 1. The authority citation for 27 CFR 

part 447 continues to read as follows: 

Authority: 22 U.S.C. 2778. 

■ 2. Amend § 447.21 as follows: 

■ a. In Category I, remove and reserve 

paragraph (e). 

■ b. In Category III, remove and reserve 

paragraphs (c) and (d). 

■ c. In Category IV, remove and reserve 

paragraph (f). 

■ d. In Category VI: 

■ (1) Revise paragraph (a); 

■ (2) Revise paragraph (b); 

■ (3) Remove and reserve paragraphs (c) 

and (d); and 

■ (4) Revise the introductory text of the 

‘‘Note’’ after paragraph (e). 

■ e. In Category VII: 

■ (1) Remove and reserve paragraph (g); 

■ (2) Revise paragraph (h); 

■ (3) Add a new paragraph (i) after 

paragraph (h); 

■ (4) Revise the ‘‘Note’’ that now 

appears after the newly inserted 

paragraph (i); and 

■ (5) Add a second ‘‘Note’’ and a third 

‘‘Note’’ after the newly inserted 

paragraph (i). 

■ f. In Category XIV: 

■ (1) Remove and reserve paragraph (b); 

■ (2) Revise paragraph (c); and 

■ (3) Remove and reserve paragraphs (d) 

and (e). 

■ g. In Category XVI: 

■ (1) Remove and reserve paragraph (a); 

■ (2) Revise paragraph (b); and 

■ (3) Add a ‘‘Note’’ after paragraph (b). 

These amendments to § 447.21 read as 

follows: 

§ 447.21 The U.S. Munitions Import List. 

* * * * * 

CATEGORY I—FIREARMS 

* * * * * 

(e) [Reserved] 

* * * * * 

CATEGORY III—AMMUNITION 

* * * * * 

(c) [Reserved] 

(d) [Reserved] 

* * * * * 

CATEGORY IV—LAUNCH VEHICLES, 

GUIDED MISSILES, BALLISTIC 

MISSILES, ROCKETS, TORPEDOES, 

BOMBS AND MINES 

* * * * * 

(f) [Reserved] 

* * * * * 

CATEGORY VI—VESSELS OF WAR 

AND SPECIAL NAVAL EQUIPMENT 

(a) Vessels of War, if they are armed 

and equipped with offensive or 

defensive weapon systems, including 

but not limited to amphibious warfare 

vessels, landing craft, mine warfare 

vessels, patrol vessels, auxiliary vessels, 

service craft, experimental types of 

naval ships, and any vessels specifically 

designed or modified for military 

purposes or other surface vessels 

equipped with offensive or defensive 

military systems. 

(b) Turrets and gun mounts, special 

weapons systems, protective systems, 

and other components, parts, 

attachments, and accessories 

specifically designed or modified for 

such articles on combatant vessels. 

(c) [Reserved] 

(d) [Reserved] 

(e) * * * 

Note: The term ‘‘vessels of war’’ includes, 

but is not limited to, the following, if armed 

and equipped with offensive or defensive 

weapons systems:’’. 

* * * * * 

CATEGORY VII—TANKS AND 

MILITARY VEHICLES 

* * * * * 

(g) [Reserved] 

(h) Tank and military vehicle parts, 

components, accessories, attachments, 

and associated equipment for offensive 

or defensive systems for the articles in 

this category, as follows: 

(1) Armored hulls, armored turrets 

and turret support rings; 

(2) Active protection systems (i.e., 

defensive systems that actively detect 

and track incoming threats and launch 

a ballistic, explosive, energy or 

electromagnetic countermeasure(s) to 

neutralize the threat prior to contact 

with a vehicle); 

(3) Composite armor parts and 

components; 

(4) Spaced armor components and 

parts, including slat armor parts and 

components; 

(5) Reactive armor and components; 

(6) Electromagnetic armor parts and 

components, including pulsed power; 

(7) Gun mount, stabilization, turret 

drive, and automatic elevating systems; 

(8) Kits specifically designed to 

convert a vehicle in this category into 

either an unmanned or a driver-optional 

vehicle. For a kit to be controlled by this 

paragraph it must include all of the 

following: 

(i) Remote or autonomous steering; 

(ii) Acceleration and braking; and 

(iii) A control system; 

(9) Fire control computers, stored 

management systems, armaments 

control processors, vehicle weapon 

interface units and computers; 

(10) Electro-optical sighting systems; 

and 

(11) Laser rangefinder or target 

designating devices. 

(i) Other ground vehicles having all of 

the following: 

(1) Manufactured or fitted with 

materials or components to provide 

ballistic protection to level III (NIJ 

0108.01, September 1985) or better; 

(2) A transmission to provide drive to 

both front and rear wheels 

simultaneously, including those 

vehicles having additional wheels for 

load bearing purposes whether driven or 

not; 

(3) Gross Vehicle Weight Rating 

(GVWR) greater than 4,500 kg; and 

(4) Designed or modified for off-road 

use. 

Note: An ‘‘amphibious vehicle’’ in 

Category VII(f) is a vehicle or chassis that is 

equipped to meet special military 

requirements, and that is designed or adapted 

for operation on or under water, as well as 

on land. 

Note: Engines and engine parts are not 

included in paragraph (h) of Category VII. 

Note: Paragraph (i) of Category VII does not 

apply to civil vehicles designed or modified 

for transporting money or valuables. 

* * * * * 

CATEGORY XIV—TOXICOLOGICAL 

AGENTS AND EQUIPMENT AND 

RADIOLOGICAL EQUIPMENT 

* * * * * 

(b) [Reserved] 

(c) All specifically designed or 

modified equipment, including 

components, parts, accessories, and 

attachments for disseminating the 

articles in paragraph (a) of this category. 

(d) [Reserved] 

(e) [Reserved] 

* * * * * 

CATEGORY XVI—NUCLEAR 

WEAPONS DESIGN AND TEST 

EQUIPMENT 

(a) [Reserved] 

(b) Modeling or simulation tools that 

model or simulate the environments 

generated by nuclear detonations or the 

effects of these environments on 

systems, subsystems, components, 

structures, or humans. 

Note: Category XVI does not include 

equipment, technical data, or services 

controlled by the Department of Energy 

pursuant to the Atomic Energy Act of 1954, 

as amended, and the Nuclear NonVerDate Mar<15>2010 16:40 Mar 26, 2014 Jkt 232001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\27MRR1.SGM 27MRR1

sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Rules and Regulations 17029 

Proliferation Act of 1978, as amended, or are 

government transfers authorized pursuant to 

these Acts. 

* * * * * 

Dated: March 21, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–06778 Filed 3–26–14; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 19, 26, 27, and 73 

[Docket No. TTB–2014–0004; T.D. TTB–119] 

RIN 1513–AB97 

Electronic Submission of Forms, the 

Finished Products Records for 

Distilled Spirits Plants, and Closures 

on Certain Distilled Spirits Products 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Direct final rule; Treasury 

decision. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) is amending its 

regulations regarding the electronic 

submission of forms to provide for the 

electronic submission to TTB of copies 

of certain forms, where the original is to 

be retained by the submitter along with 

other records. This amendment removes 

a barrier that industry members have 

faced when trying to apply for permits 

completely by electronic means. TTB is 

also amending its regulations to address 

circumstances where TTB requires 

certain information to be submitted to 

other agencies. Specifically, the 

amendments provide that TTB 

requirements for information to be 

submitted to another agency may be met 

by the electronic submission of the 

information, as long as the other agency 

has provided for such a submission of 

information by electronic means. 

In addition, TTB is amending its 

regulations governing the records that 

distilled spirits plant (DSP) proprietors 

must keep of finished products. 

Specifically, TTB is removing the 

requirement that DSP proprietors keep a 

daily summary record of the kind of 

distilled spirits bottled or packaged. 

Finally, TTB is amending its 

regulations regarding closures that must 

be affixed to containers of imported 

distilled spirits products or of such 

products brought into the United States 

from Puerto Rico or the Virgin Islands. 

The amendments remove a requirement 

that a part of the closure remain 

attached to the container when opened. 

This amendment will align the 

regulations for such products with those 

applicable to domestic distilled spirits 

products. 

DATES: Effective Date: April 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Kate 

M. Bresnahan, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, at 202–453–1039, ext. 

151. 

SUPPLEMENTARY INFORMATION: 

Background 

TTB Authority 

The Internal Revenue Code of 1986, as 

amended (IRC), at 26 U.S.C. chapters 51 

and 52, provides for the regulation of 

certain alcohol- and tobacco-related 

businesses. In addition, the Federal 

Alcohol Administration Act (FAA Act), 

at 27 U.S.C. chapter 8, provides for the 

regulation of certain operations of 

beverage alcohol businesses. Chapters 

51 and 52 of the IRC and sections 103 

and 104 of the FAA Act (27 U.S.C. 203 

and 204) vest the Secretary of the 

Treasury with authority to prescribe 

regulations related to the issuance of 

permits, registrations, and notices for 

such businesses. The IRC provisions 

also include requirements for persons 

operating in certain alcohol and tobacco 

industries to obtain bonds and to submit 

reports and other documents related to 

regulated operations. In addition, 

section 4222 of the IRC (26 U.S.C. 4222) 

establishes registration requirements for 

persons who make tax-free sales of 

firearms and ammunition. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

provisions, pursuant to section 1111(d) 

of the Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). The 

Secretary has delegated various 

authorities through Treasury 

Department Order 120–01 (Revised), 

dated December 10, 2013, to the TTB 

Administrator to perform the functions 

and duties in administration and 

enforcement of these laws. 

Electronic Submission of Forms and Use 

of Electronic Signatures on Forms 

TTB regulations implementing the 

permit, registration, and notice 

requirements of the IRC and the FAA 

Act are promulgated in chapter I of title 

27 of the Code of Federal Regulations 

(27 CFR chapter I). These regulations 

require certain current and prospective 

industry members to obtain approval 

before commencing a new TTBregulated industry operation and to 

update permit information for an 

existing TTB-regulated business. These 

regulations also require that certain 

forms, reports, and other documents be 

submitted to TTB, depending on the 

operation. These documents may 

include operational reports, bonds, and 

powers of attorney, where applicable. In 

addition, some provisions require that 

the regulated industry members submit 

documents to other agencies. For 

example, provisions relating to the 

importation of the regulated 

commodities require that, in some 

circumstances, documents must be 

submitted to U.S. Customs and Border 

Protection (CBP) during the entry 

process. 

The TTB regulations currently 

implementing those requirements 

generally provide for the submission to 

TTB of applications and other 

documents in paper form. Under certain 

conditions, forms may be submitted 

electronically through an electronic 

document receiving system. The 

electronic submission of forms to TTB is 

governed by the TTB regulations at part 

73 (27 CFR part 73). Part 73 sets forth 

the conditions under which TTB will 

allow current and prospective industry 

members to submit forms to TTB 

electronically, and to use electronic 

signatures or digital signatures to sign 

those forms, in lieu of submitting paper 

forms with handwritten signatures. 

These regulations do not currently 

address the electronic submission of 

TTB-required forms and documents to 

other agencies. 

Pursuant to the TTB regulations at 27 

CFR 73.31, TTB-regulated industry 

members may submit an electronic form 

instead of a paper form to satisfy any 

reporting requirement in chapter I of 

Title 27 CFR under certain conditions. 

Currently, the conditions are as follows: 

(1) TTB has published a notice in the 

Federal Register and on its Web site 

(http://www.ttb.gov) announcing that it 

is prepared to receive a particular form 

electronically; (2) the person required to 

submit the form has registered to do so, 

pursuant to the instructions in that 

notice; (3) that person submits the 

electronic form to an electronic 

document receiving system that TTB 

has designated for the receipt of that 

specific form; and (4) the electronic 

form bears valid electronic signatures, 

as provided in subpart B of part 73, to 

the same extent that the paper form for 

which it substitutes would bear 

handwritten signatures. 

Amendments to Part 73 

Recently, TTB has facilitated 

electronic communications and 

transactions in many ways. For 

example, TTB has made a number of 


sroberts on DSK5SPTVN1PROD with RULES