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


=======================================================================
-----------------------------------------------------------------------

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