Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations 23675 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 447 

[Docket No. ATF–50F; AG Order No. 3383– 

2013] 

RIN 1140–AA46 

Importation of Defense Articles and 

Defense Services—U.S. Munitions 

Import List (2011R–20P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

amending Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) 

regulations to remove the cross 

reference to the regulatory United States 

Munitions List (USML) of the 

International Traffic in Arms 

Regulations (ITAR) that appears at 27 

CFR 447.21; to clarify that the Attorney 

General exercises delegated authority 

pursuant to the Arms Export Control 

Act (AECA) and Executive Order 13637 

to designate defense articles and defense 

services as part of the statutory USML 

for purposes of permanent import 

controls, regardless of whether the 

Secretary of State controls such defense 

articles or defense services for purposes 

of export and temporary import; and to 

clarify that defense articles and defense 

services controlled pursuant to the 

Attorney General’s delegated AECA 

authority are part of the statutory USML 

(along with those that are controlled for 

export and temporary import by the 

Secretary of State), but that the list of 

defense articles and defense services 

controlled by the Attorney General is 

labeled the USMIL to distinguish it from 

the list of defense articles and defense 

services in the ITAR that are controlled 

by the Secretary of State. 

DATES: This rule is effective April 22, 

2013. 

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) 648–7994. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 38 of the AECA, 22 U.S.C. 

2778(a), authorizes the President, in 

furtherance of world peace and the 

security and foreign policy of the United 

States, to control the import and export 

of defense articles and defense services. 

The AECA also authorizes the President 

to designate those defense articles and 

defense services. Id. The items so 

designated constitute the United States 

Munitions List (USML). Id. The AECA 

generally requires a license prior to 

exporting or importing any defense 

articles and defense services so 

designated by the President. See id. 

2778(b)(2). 

Through Executive Order 13637, the 

President has delegated his AECA 

authority to the Secretary of State with 

respect to the export and temporary 

import of defense articles and defense 

services. The International Traffic in 

Arms Regulations, 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 and temporary import by the 

Secretary. Through Executive Order 

13637, the President has 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.’’ The 

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 controls. 

Pursuant to section 38(a) of the AECA, 

all defense articles and defense services, 

whether controlled for import or export, 

are part of the USML. But to distinguish 

the list of defense articles and defense 

services controlled by the Attorney 

General for permanent import purposes 

from the defense articles and defense 

services controlled by the Secretary of 

State for purposes of export and 

temporary import, the list of defense 

articles and defense services controlled 

by the Attorney General has been 

labeled the United States Munitions 

Import List (USMIL). The regulations 

governing this list appear at 27 CFR part 

447. To date, these regulations have 

described the USMIL as a subset of the 

list of defense articles and defense 

services controlled by the Secretary of 

State that appears in the ITAR. See 27 

CFR 447.21. 

As the result of a comprehensive 

review of export controls ordered by the 

President, it has been determined that 

certain defense articles and defense 

services listed on the USML will no 

longer warrant control for export 

purposes by the Secretary of State 

pursuant to AECA. As part of the 

Administration’s ongoing Export 

Control Reform Initiative, the 

Departments of State and Commerce are 

publishing a series of proposed rules 

that will remove ITAR export controls 

on certain defense articles and defense 

services and subject those items instead 

to export controls through the 

Commerce Control List (CCL), which is 

administered by the Department of 

Commerce as part of its Export 

Administration Regulations (EAR). See, 

e.g., 76 FR 41958 (July 15, 2011). Export 

controls are imposed under both the 

ITAR and EAR for foreign policy and 

national security reasons. Accordingly, 

items on the CCL will continue to be 

regulated by the Federal Government 

consistent with the national security 

and foreign policy interests of the 

United States. 

The Secretary of Commerce 

administers the EAR pursuant to 

authority granted by the President in 

Executive Order 13222 of August 17, 

2001, which was issued pursuant to, 

inter alia, sections 202 and 203 of the 

International Emergency Economic 

Powers Act (IEEPA), 50 U.S.C. 1701–02. 

That executive order granted such 

authority to the Secretary of Commerce 

following the expiration of the Export 

Administration Act based on the 

unusual and extraordinary threat to the 

national security, foreign policy, and 

economy of the United States posed by 

the unrestricted access of foreign parties 

to U.S. goods and technology and the 

existence of certain boycott practices of 

foreign nations. 

II. Final Rule 

Because the Department of Justice 

regulations at 27 CFR part 447 listing 

the defense articles and defense services 

controlled by the Attorney General for 

purposes of permanent import currently 

adopt, with some exceptions, the list of 

defense articles and defense services 

controlled by the Secretary of State, and 

because certain defense articles and 

defense services on the Department of 

State export control list that appears in 

the ITAR, 22 CFR 121.1, will, in the 

future, be removed from that list and 

controlled for export and temporary 

import by the Secretary of Commerce, 

the Department of Justice is clarifying 

its regulations by amending 27 CFR 

447.21, to do the following: 

(i) Remove the language adopting the 

State Department export control list 

maintained in the ITAR; 

(ii) Clarify that the Attorney General 

exercises delegated authority to 


tkelley on DSK3SPTVN1PROD with RULES
23676 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations 

designate defense articles and defense 

services for inclusion on the USML for 

purposes of permanent import controls, 

regardless of whether such items are 

controlled by the Secretary of State for 

purposes of export or temporary import; 

and 

(iii) Clarify that the defense articles 

and defense services regulated for 

purposes of permanent import pursuant 

to the AECA authority delegated to the 

Attorney General appear in the 

permanent import control list labeled 

the USMIL, set out at 27 CFR Part 447, 

and that the USMIL is a subset of the 

USML pursuant to the AECA. 

Accordingly, this final rule amends 

sections of 27 CFR Part 447 to 

implement such changes. This rule does 

not change the content of the USMIL. 

Revisions to the content of the USMIL, 

if any, will be addressed by the Attorney 

General in a separate rulemaking. As 

required by Executive Order 13637, in 

designating defense articles and defense 

services subject to permanent import 

control under section 38 of the AECA, 

22 U.S.C. 2778(a), 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, 

and must obtain the concurrence of the 

Secretary of State and Secretary of 

Defense and provide notice to the 

Secretary of Commerce regarding 

designations, including changes in 

designations, of defense articles and 

defense services. 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

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 

National 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, 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. 

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. 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. 

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 rule because the 

agency was not required to publish a 

general notice of proposed rulemaking 

under 5 U.S.C. 553 or any other law. 

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 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. 

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. 

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. 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, 27 CFR part 

447 is amended as follows: 

PART 447—IMPORTATION OF 

DEFENSE ARTICLES 

■ 1. The authority citation for 27 CFR 

Part 447 is revised to read as follows: 

Authority: 22 U.S.C. 2778; E.O. 13637, 78 

FR 16129 (Mar. 8, 2013). 

■ 2. Revise § 447.1 to read as follows: 

§ 447.1 General. 

The regulations in this part relate to 

that portion of section 38 of the Arms 

Export Control Act of 1976, as amended, 

authorizing the President to designate 

defense articles and defense services as 

part of the United States Munitions List 

(USML) for purposes of import and 

export controls. To distinguish the list 

of defense articles and defense services 

controlled in this part for purposes of 

permanent import from the list of 

defense articles and defense services 

controlled by the Secretary of State for 

purposes of export and temporary 

import, this part shall refer to the 

defense articles and defense services 

controlled for purposes of permanent 

import as the U.S. Munitions Import 

List (USMIL) and shall refer to the 

export and temporary import control list 

set out by the Department of State in its 

International Traffic in Arms 

Regulations as the USML. Part 447 

contains the USMIL and includes 

procedural and administrative 

requirements relating to registration of 

importers, permits, articles in transit, 

import certification, delivery 

verification, import restrictions 

applicable to certain countries, 

exemptions, U.S. military firearms and 

ammunition, penalties, seizures, and 

forfeitures. The President’s delegation of 

permanent import control authorities to 

the Attorney General provides the 

Attorney General the authority to assess 

whether controls are justified, but in 

designating the defense articles and 

defense services set out in the USMIL 

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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Rules and Regulations 23677 

the United States. All designations and 

changes in designations of defense 

articles and defense services subject to 

permanent import control under this 

part must have the concurrence of the 

Secretary of State and the Secretary of 

Defense, with notice given to the 

Secretary of Commerce. 

■ 3. Amend § 447.11 by revising the 

definition of the term ‘‘Article’’ to read 

as follows: 

§ 447.11 Meaning of terms. 

* * * * * 

Article. Any of the defense articles 

enumerated in the U.S. Munitions 

Import List (USMIL). 

* * * * * 

■ 4. Amend § 447.21 as follows: 

■ a. Revise the introductory text. 

■ b. Remove the second ‘‘Note’’ in 

Category IV. 

■ c. Add and reserve after Category IV 

a heading ‘‘Category V’’. 

■ d. In Category VII, remove the ‘‘Note’’ 

after paragraph (c) and add and reserve 

paragraphs (d) and (e). 

■ e. In Category VIII, revise the title and 

remove the first ‘‘Note’’ after paragraph 

(a) and in its place add and reserve 

paragraph (b). 

■ f. Add and reserve after Category VIII 

a heading ‘‘Categories IX through XIII’’. 

■ g. Remove the ‘‘Note’’ after paragraph 

(b) in Category XVI. 

■ h. Add and reserve after Category XVI 

a heading ‘‘Categories XVII through 

XIX’’. 

■ i. Revise Category XXI. 

These amendments to § 447.21 read as 

follows: 

§ 447.21 The U.S. Munitions Import List. 

The following defense articles and 

defense services, designated pursuant to 

section 38(a) of the Arms Export Control 

Act, 22 U.S.C. 2778(a), and E.O. 13637 

are subject to controls under this part. 

For purposes of this part, the list shall 

be known as the U.S. Munitions Import 

List (USMIL): 

THE U.S. MUNITIONS IMPORT LIST 

(USMIL) 

* * * * * 

CATEGORY V [Reserved] 

* * * * * 

CATEGORY VII—TANKS AND 

MILITARY VEHICLES 

* * * * * 

(d) [Reserved] 

(e) [Reserved] 

* * * * * 

CATEGORY VIII—AIRCRAFT AND 

ASSOCIATED EQUIPMENT 

* * * * * 

(b) [Reserved] 

* * * * * 

CATEGORIES IX–XIII [Reserved] 

* * * * * 

CATEGORIES XVII–XIX [Reserved] 

* * * * * 

CATEGORY XXI—MISCELLANEOUS 

ARTICLES 

Any defense article or defense service 

not specifically enumerated in the other 

categories of the USMIL that has 

substantial military applicability and 

that has been specifically designed or 

modified for military purposes. The 

decision as to whether any article may 

be included in this category shall be 

made by the Attorney General with the 

concurrence of the Secretary of State 

and the Secretary of Defense. 

Dated: April 17, 2013. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2013–09392 Filed 4–19–13; 8:45 am] 

BILLING CODE 4410–FY–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0960; FRL–9799–3] 

Revisions to the California State 

Implementation Plan, Imperial County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Imperial County Air 

Pollution Control District (ICAPCD) 

portion of the California State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

January 7, 2013 and concerns local rules 

that regulate inhalable particulate 

matter (PM) emissions from sources of 

fugitive dust such as unpaved roads and 

disturbed soils in open and agricultural 

areas in Imperial County. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule will be effective on 

May 22, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0960 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On January 7, 2013 (78 FR 922), EPA 

proposed to approve the following rules 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

ICAPCD ............. 800 General Requirements for Control of Final Particulate Matter (PM10) ........ 10/16/12 11/07/12 

ICAPCD ............. 804 Open Areas .................................................................................................. 10/16/12 11/07/12 

ICAPCD ............. 805 Paved and Unpaved Roads ......................................................................... 10/16/12 11/07/12 

ICAPCD ............. 806 Conservation Management Practices (CMPs) ............................................ 10/16/12 11/07/12 


tkelley on DSK3SPTVN1PROD with RULES