40630 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

shipment of rough diamonds must 

comply with the requirements of CBP, 

OFAC, and the U.S. Census Bureau (15 

CFR part 30). 

(b) Definitions. For purposes of this 

section, the following definitions apply: 

(1) Controlled through the Kimberley 

Process Certification Scheme. 

‘‘Controlled through the Kimberley 

Process Certification Scheme’’ means 

meeting the requirements set forth in 31 

CFR 592.301; 

(2) Kimberley Process Certificate. 

‘‘Kimberley Process Certificate’’ means a 

forgery resistant document that meets 

the minimum requirements listed in 

Annex I of the Kimberley Process 

Certification Scheme, as well as the 

requirements listed in 31 CFR 592.307; 

(3) Rough diamond. ‘‘Rough 

diamond’’ means any diamond that is 

unworked or simply sawn, cleaved, or 

bruted and classifiable under 

subheading 7102.10, 7102.21, or 

7102.31 of the Harmonized Tariff 

Schedule of the United States; 

(4) United States. ‘‘United States’’, 

when used in the geographic sense, 

means the several states, the District of 

Columbia, and any commonwealth, 

territory, or possession of the United 

States; and 

(5) United States person. ‘‘United 

States person’’ means: 

(i) Any United States citizen or any 

alien admitted for permanent residence 

into the United States; 

(ii) Any entity organized under the 

laws of the United States or any 

jurisdiction within the United States 

(including its foreign branches); and 

(iii) Any person in the United States. 

(c) Original Kimberley Process 

Certificate. A shipment of rough 

diamonds imported into, or exported 

from, the United States must be 

accompanied by an original Kimberley 

Process Certificate. 

(d) Formal Entry Required. Formal 

entry is required when importing a 

shipment of rough diamonds. Formal 

entry procedures are prescribed in part 

142 of this chapter. 

(e) Report of Kimberley Process 

Certificate Unique Identifying Number. 

Customs brokers, importers, and filers 

making entry of a shipment of rough 

diamonds must either submit through 

CBP’s Automated Broker Interface (ABI) 

system the unique identifying number 

of the Kimberley Process Certificate 

accompanying the shipment or, for nonABI entries, indicate the certificate 

number on the CBP Form 7501, Entry 

Summary, on each applicable line item. 

(f) Maintenance of Kimberley Process 

Certificate—(1) Ultimate consignee. The 

ultimate consignee identified on the 

CBP Form 7501, Entry Summary, or its 

electronic equivalent filed with CBP in 

connection with an importation of 

rough diamonds must retain the original 

Kimberley Process Certificate for a 

period of at least five years from the 

date of importation and must make the 

certificate available for examination at 

the request of CBP. 

(2) Importer. The U.S. person that 

imports into the United States a 

shipment of rough diamonds must 

retain a copy of the Kimberley Process 

Certificate accompanying the shipment 

for a period of at least five years from 

the date of importation and must make 

the copy available for examination at 

the request of CBP. 

(3) Exporter. The U.S. person that 

exports from the United States a 

shipment of rough diamonds must 

retain a copy of the Kimberley Process 

Certificate accompanying the shipment 

for a period of at least five years from 

the date of exportation and must make 

the copy available for examination at 

the request of CBP. 

PART 163—RECORDKEEPING 

■ 3. The specific authority citation for 

part 163 is revised and the general 

authority citation continues to read as 

follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1484, 1508, 1509, 1510, 1624. 

* * * * * 

Section 163.2 also issued under 19 U.S.C. 

3904, 3907. 

* * * * * 

■ 4. In § 163.2, paragraph (c) is revised 

to read as follows: 

§ 163.2 Persons required to maintain 

records. 

* * * * * 

(c) Recordkeeping required for certain 

exporters—(1) NAFTA. Any person who 

exports goods to Canada or Mexico for 

which a Certificate of Origin was 

completed and signed pursuant to the 

North American Free Trade Agreement 

must also maintain records in 

accordance with part 181 of this 

chapter. 

(2) Kimberley Process Certification 

Scheme. Any U.S. person (see definition 

in § 12.152(b)(5)) who exports from the 

United States any rough diamonds must 

retain a copy of the Kimberley Process 

Certificate accompanying each shipment 

for a period of at least five years from 

the date of exportation. See 19 CFR 

12.152(f)(3). Any U.S. person who 

exports from the United States any 

rough diamonds and does not keep 

records in this time frame may be 

subject to penalties under 19 U.S.C. 

3907. 

■ 5. The Appendix to part 163 is 

amended by adding a new listing under 

section IV in numerical order to read as 

follows: 

Appendix to Part 163—Interim (a)(1)(A) 

List 

* * * * * 

IV. * * * 

§ 12.152 Kimberley Process Certificate for 

rough diamonds. 

* * * * * 

PART 178—APPROVAL OF 

INFORMATION COLLECTION 

REQUIREMENTS 

■ 6. The authority citation for part 178 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 1624, 

44 U.S.C. 3501 et seq. 

■ 7. Section 178.2 is amended by adding 

a new listing to the table in numerical 

order to read as follows: 

§ 178.2 Listing of OMB control numbers. 

19 CFR 

Section Description OMB Control No. 

* * * * * 

§ 12.152 ... Certificate and 

recordkeeping requirements 

for the entry 

of rough diamonds.

1505–0198 

and 1651– 

0076. 

* * * * * 

Thomas S. Winkowski, 

Deputy Commissioner, Performing the duties 

of the Commissioner of U.S., Customs and 

Border Protection. 

Approved: June 28, 2013. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2013–15972 Filed 7–5–13; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF STATE 

22 CFR Part 123 

RIN 1400–AD07 

[Public Notice 8371] 

International Traffic in Arms 

Regulations: Canadian Firearms 

Components Exemption 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations to implement a 


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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40631 

statutory provision regarding the 

exemption from licensing for export to 

Canada of firearms components not 

exceeding $500 in value. 

DATES: This rule is effective July 8, 

2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Acting Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792, email 

DDTCResponseTeam@state.gov. ATTN: 

Part 123, Canadian Firearms 

Components Exemption. 

SUPPLEMENTARY INFORMATION: The 

Department of State is amending the 

International Traffic in Arms 

Regulations (ITAR) to implement 

section 520 of the Consolidated and 

Further Continuing Appropriations Act 

2012 (Pub. L. 112–55), which applies to 

fiscal year 2012 appropriations, as 

carried forward for fiscal year 2013 by 

the Full Year Continuing 

Appropriations Act 2013 (Pub. L. 113– 

6). The Department has the authority to 

regulate the export control program 

pursuant to the Arms Export Control 

Act, 22 U.S.C. 2778. 

Pursuant to section 520, the 

Department cannot require a license for 

the export of certain firearms and 

firearms components for end-use by the 

Canadian government with a total 

transaction value not exceeding $500 

wholesale, and cannot require a license 

for the export of certain firearms 

components for end-use in Canada with 

a total transaction value not exceeding 

$500 wholesale. ITAR § 123.17 is 

revised accordingly. In addition, ITAR 

§ 123.16(b)(6) is amended to remove the 

words ‘‘for personal use,’’ as the 

firearms exemption at ITAR § 123.17 

includes use of the exemption for an 

end-use other than personal use. 

This rule implements a statutory 

mandate, and concerns a foreign affairs 

function of the United States. Therefore, 

the Department is publishing this as a 

final rule, and is not soliciting 

comments. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act. Since the Department is 

of the opinion that this rule is exempt 

from 5 U.S.C. 553, it is the view of the 

Department that the provisions of 

§ 553(d) do not apply to this 

rulemaking. Therefore, this rule is 

effective upon publication. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

provisions of 5 U.S.C. 553, there is no 

requirement for an analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not involve a 

mandate that will 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 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. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not pre-empt tribal law. 

Accordingly, the provisions of 

Executive Order 13175 do not apply to 

this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rulemaking has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This rulemaking 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 Executive Order 13132, 

it is determined that this rulemaking 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

These executive orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated ‘‘significant regulatory 

actions,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this rule has been reviewed by the 

Office of Management and Budget 

(OMB). 

Executive Order 12988 

The Department of State has reviewed 

this rulemaking in light of sections 3(a) 

and 3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR 123 

Arms and munitions, Exports, 

Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 123, is amended as follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 1. The authority citation for part 123 

is revised to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22 

U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920; 

Sec. 1205(a), Pub. L. 107–228; Sec. 520, Pub. 

L. 112–55; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

■ 2. Section 123.16 is amended by 

revising paragraph (b)(6) to read as 

follows: 

§ 123.16 Exemptions of general 

applicability. 

* * * * * 

(b) * * * 

(6) For exemptions for firearms and 

ammunition refer to § 123.17 of this 

subchapter. 

* * * * * 

■ 3. Section 123.17 is amended by 

revising paragraph (a) to read as follows: 

§ 123.17 Exports of firearms, ammunition, 

and personal protective gear. 

(a) Port Directors of U.S. Customs and 

Border Protection shall permit the 

export without a license of: 


tkelley on DSK3SPTVN1PROD with RULES
40632 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

(1) Parts and components for USML 

Category I(a) firearms, except barrels, 

cylinders, receivers (frames), or 

complete breech mechanisms, when the 

total value does not exceed $100 

wholesale in any transaction, except to 

any of the countries or entities as 

provided in § 126.1 of this subchapter; 

(2) Parts, components, accessories, or 

attachments for USML Category I 

firearms, except barrels, cylinders, 

receivers (frames), complete breech 

mechanisms, or fully automatic firearms 

and parts and components for such 

firearms, when: 

(i) The total value does not exceed 

$500 wholesale in any transaction; 

(ii) The export is to Canada for enduse in Canada or return to the United 

States, or temporary import into the 

United States of Canadian-origin items 

and return to Canada for a Canadian 

citizen; and 

(iii) The exporter makes a declaration 

via the Automated Export System, 

pursuant to § 123.22(a) of this 

subchapter, and the exporter is eligible 

to export under this exemption, 

pursuant to § 120.1(c) of this 

subchapter; or 

(3) Parts, components, accessories, or 

attachments for USML Category I 

firearms, including fully automatic 

firearms and parts and components for 

such firearms, when: 

(i) The total value does not exceed 

$500 wholesale in any transaction; 

(ii) The export is to Canada for enduse by the Canadian Federal 

Government, a Canadian Provincial 

Government, or a Canadian Municipal 

Government; and 

(iii) The exporter makes a declaration 

via the Automated Export System, 

pursuant to § 123.22(a) of this 

subchapter, and the exporter is eligible 

to export under this exemption, 

pursuant to § 120.1(c) of this 

subchapter. 

* * * * * 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–16152 Filed 7–5–13; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0554] 

Drawbridge Operation Regulation; 

Trent River, New Bern, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the operating schedule 

that governs the US 70/Alfred C. 

Cunningham Bridge across the Trent 

River, mile 0.0, at New Bern, NC. The 

deviation allows the bridge draw span 

to remain in the closed to navigation 

position for one hour on two 

consecutive days to accommodate the 

annual Bike Multiple Sclerosis: Historic 

New Bern Bike Ride. 

DATES: This deviation is effective from 

8 a.m. to 9 a.m. on September 7, 2013 

and again from 8 a.m. to 9 a.m. on 

September 8, 2013. 

ADDRESSES: The docket for this 

deviation, [USCG–2013–0554] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mrs. Jessica 

Shea, Bridge Management Specialist, 

Fifth Coast Guard District, telephone 

(757) 398–6422. Email 

jessica.c.shea@uscg.mil. If you have 

questions on viewing the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone (202)366– 

9826. 

SUPPLEMENTARY INFORMATION: The Event 

Director for the Bike Multiple Sclerosis: 

Historic New Bern Bike Ride, with 

approval from the North Carolina 

Department of Transportation, owner of 

the drawbridge, has requested a 

temporary deviation from the current 

operating regulations set out in 33 CFR 

117.843(a) to accommodate a safe 

passage for cyclists during the Bike 

Multiple Sclerosis: Historic New Bern 

Bike Ride. 

The US 70/Alfred C. Cunningham 

Bridge across the Trent River, mile 0.0, 

a double bascule lift Bridge, in New 

Bern, NC, has a vertical clearance in the 

closed position of 14 feet, above mean 

high water. Under the normal operating 

schedule, the US 70/Alfred C. 

Cunningham Bridge would open on 

signal during this timeframe. However, 

under this temporary deviation, the 

drawbridge will be allowed to remain in 

the closed-to-navigation position from 8 

a.m. to 9 a.m. on Saturday, September 

7, 2013 and from 8 a.m. to 9 a.m. on 

Sunday, September 8, 2013 to 

accommodate the Bike Multiple 

Sclerosis: Historic New Bern Bike Ride. 

Vessels able to pass under the closed 

span may do so. Mariners are advised to 

proceed with caution. The Coast Guard 

will inform users of the waterway 

through our local and broadcast Notices 

to Mariners of the limited operating 

schedule for the drawbridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. There are no 

alternate routes for vessels and the 

bridge will be able to open in the event 

of an emergency. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: June 20, 2013. 

Waverly W. Gregory, Jr., 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2013–16250 Filed 7–5–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2013–0539] 

RIN 1625–AA00 

Safety Zone; Venetian Fireworks; 

Kalamazoo Lake, Saugatuck, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Kalamazoo Lake in Saugatuck, MI. This 

safety zone is intended to restrict 

vessels from a portion of Kalamazoo 

Lake due to a fireworks display. This 


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