[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Rules and Regulations]
[Pages 13798-13800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06912]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 555

[Docket No. ATF 2017R-21; AG Order No. 4425-2019]


Removal of Expired Regulations

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule makes technical amendments to the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the 
Code of Federal Regulations (CFR). These technical changes are being 
made to remove expired, obsolete, or unnecessary regulations; correct 
dates, titles, addresses, and telephone numbers; and to reflect changes 
to nomenclature resulting from the transfer of ATF to the Department of 
Justice from the Department of the Treasury pursuant to the Homeland 
Security Act of 2002. The changes are designed to update and provide 
clarity throughout these regulations.

DATES: This rule is effective April 8, 2019.

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:

I. Backgrounds

    ATF administers regulations published in 27 CFR part 555, 
concerning commerce in explosives. ATF identified several technical 
amendments that are needed to update and to provide clarity to these 
regulations.
    Rather than make substantive changes to the regulations, these 
amendments focus on improving the clarity and accuracy of the 
regulations. Many of the technical changes reflect the removal of 
expired or obsolete regulations; removal of regulations that are no 
longer necessary; and the correction of dates, titles, addresses, and 
telephone numbers. Additionally, technical changes to Sec.  555.11 
reflect a change in nomenclature resulting from the transfer of ATF to 
the Department of Justice from the Department of the Treasury pursuant 
to the Homeland Security Act of 2002.
    Section 555.11 is being amended to remove paragraph (a) and revise 
paragraph (b) in the definitions of ``ATF'', ``ATF Officer'', 
``Bureau'', and ``Director'' as the information in the regulations is 
obsolete, to revise the definition of ``Director, Industry Operations'' 
for accuracy, and to replace ``Bureau of Alcohol, Tobacco and 
Firearms'' with ``Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice'' in the definition of ``Region'' as the current 
definition references the name of the agency under the Department of 
the Treasury, prior to the Homeland Security Act of 2002.
    Section 555.27 is being removed and reserved as the requirement in 
the statute that this regulation implemented is expired and obsolete.
    Section 555.30 is being amended to reflect the correct nationwide 
toll-free telephone number, and the reference to Form 4712 is being 
removed as this information is no longer necessary and is obsolete.
    Sections 555.33, 555.142, and 555.165 are being amended to remove 
the effective dates, which are no longer necessary.
    Sections 555.41, 555.49, 555.51, 555.103, and 555.125 are being 
amended to remove and reserve paragraph (a) in each of these sections 
as the information in those paragraphs is obsolete.
    Section 555.45 is being amended to remove and reserve paragraphs 
(a) and (b) as the information in those paragraphs is obsolete.
    Section 555.57 is being amended to remove ``For all licenses or 
permits issued on and after May 24, 2003'' as this delineation is no 
longer necessary.
    Section 555.102 is being amended to remove paragraph (b)(1) and 
revise paragraph (b)(2) as the information in those paragraphs is 
obsolete.
    Section 555.105 is being amended to remove the reference to 
nonlicensees and nonpermittees in the heading of the section, and to 
remove and reserve paragraph (a) as the information in the regulation 
is obsolete.
    Section 555.126 is being amended to revise the heading of the 
section, and to remove and reserve paragraph (a) as the information in 
the regulation is obsolete.
    Section 555.201 is being amended to remove and reserve paragraph 
(e) as the application of this paragraph is obsolete.
    Section 555.202 is being amended to remove ``See also Sec.  
555.201(e).'' as the referenced sentence is obsolete.
    Section 555.218 is being amended to remove the date ``July, 1991'' 
from the table title and replace it with ``June 1991'', the correct 
date.
    Section 555.219 is being amended to add the title of the table, as 
the title was incorrectly added to the table in 555.220 when published 
in the Federal Register.
    Section 555.220 is being amended to remove the title above the 
table and remove the address for the Fertilizer Institute, as this 
information is incorrect.
    Section 555.224 is being amended to remove ``(30 days from the date 
of publication of the final rule in the Federal Register)'' and to add 
the effective date in the third footnote.

II. Statutory Orders and Executive Review

A. Executive Orders 12866, 13563, and 13771

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation; Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' section 1(b), General Principles of 
Regulation; and Executive Order 13771, ``Reducing Regulation and 
Controlling Regulatory Costs.''
    The rule makes technical corrections to eliminate outdated and 
incorrect terminology and improve the clarity of the regulations, and 
makes no substantive changes. The Department has determined that this 
final rule is not a ``significant regulatory action'' as defined in 
Executive Order 12866, section 3(f). Accordingly, this final rule has 
not been reviewed by the Office of Management and Budget.
    Finally, because this rule is not a significant regulatory action, 
it is not subject to the requirements of Executive Order 13771. There 
are no costs associated with this regulation; however, it benefits the 
industry in that it removes numerous outdated regulations and provides 
clarity for the regulated industry. Because there are no costs 
associated with this final rule,

[[Page 13799]]

there are no monetized benefits. This rule is considered a deregulatory 
action under Executive Order 13771.

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

    Under the Administrative Procedure Act (``APA''), 5 U.S.C. 
553(b)(3)(B), an agency may, for good cause, find that the usual 
requirements of prior notice and comment are impracticable, 
unnecessary, or contrary to the public interest. Currently, 27 CFR part 
555 contains references to expired regulations and has obsolete, 
outdated, and incorrect terminology that may be confusing to the 
public. The rule makes technical corrections to improve the clarity of 
the regulations and makes no substantive changes. For these reasons, 
the agency has determined that publishing a notice of proposed 
rulemaking and providing opportunity for public comment is unnecessary.
    Further, the APA permits an agency to make this rule effective upon 
date of publication, because it is not a substantive rule. See 5 U.S.C. 
553(d). Furthermore, the Department finds that there is good cause for 
the final rule to take effect upon publication, since the revisions 
made by this rule are minor, non-substantive, and technical, and there 
is no reason to delay these changes. Id., Sec.  553(d)(3).

E. Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603, 
604, and 605(b), 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.

F. 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, 2 U.S.C. 1531-1535.

G. 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.

H. Congressional Review Act

    This rule is not a major rule as defined by the Congressional 
Review Act, 5 U.S.C. 804.

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.


Sec.  555.11   [Amended]

0
2. Amend Sec.  555.11 as follows:
0
a. In the definition of ``ATF'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation; and
0
iii. Remove ``On and after January 24, 2003.'' and ``, Washington, 
DC'';
0
b. In the definition of ``ATF Officer'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation;
0
iii. Remove ``On and after January 24, 2003.''; and
0
iv. Add ``, Department of Justice'' after ``(ATF)'';
0
c. In the definition of ``Bureau'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation; and
0
iii. Remove ``On and after January 24, 2003.'' and ``, Washington, 
DC'';
0
d. In the definition of ``Director'':
0
i. Remove paragraph (a);
0
ii. Remove the (b) designation; and
0
iii. Remove ``On and after January 24, 2003.'' and ``, Washington, 
DC'';
0
e. In the definition of ``Director, Industry Operations'' remove 
``principal regional official'' and add in its place ``principal field 
division official''; and
0
f. In the definition of ``Region'' remove ``Bureau of Alcohol, Tobacco 
and Firearms'' and add in its place ``Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, Department of Justice''.


Sec.  555.27   [Removed and Reserved]

0
3. Remove and reserve Sec.  555.27.


Sec.  555.30   [Amended]

0
4. Amend Sec.  555.30 as follows:
0
a. Remove ``1-800-800-3855'' in paragraphs (a), (b), and (d) 
introductory text and add in its place ``1-800-461-8841''; and
0
b. Remove ``(formerly Form 4712)'' in paragraph (a).


Sec.  555.33   [Amended]

0
5. In Sec.  555.33, remove ``(effective May 24, 2003)'' from the 
section heading.


Sec.  555.41   [Amended]

0
6. In Sec.  555.41, remove and reserve paragraph (a).


Sec.  555.45   [Amended]

0
7. In Sec.  555.45, remove and reserve paragraphs (a) and (b).


Sec.  555.49   [Amended]

0
8. In Sec.  555.49, remove and reserve paragraph (a).


Sec.  555.51   [Amended]

0
9. In Sec.  555.51, remove and reserve paragraph (a).


Sec.  555.57   [Amended]

0
10. In Sec.  555.57, remove ``For all licenses or permits issued on and 
after May 24, 2003, each person'' in paragraph (b) and add in its place 
``Each person''.


Sec.  555.102   [Amended]

0
11. Amend Sec.  555.102 as follows:
0
a. Remove paragraph (b)(1); and
0
b. Remove the paragraph (b)(2) designation and its heading 
``Distribution of surplus stocks on and after May 24, 2003.''.


Sec.  555.103   [Amended]

0
12. Amend Sec.  555.103 by removing and reserving paragraph (a).


Sec.  555.105   [Amended]

0
13. Amend Sec.  555.105 by removing ``nonlicensees, nonpermittees, 
and'' from the section heading and removing and reserving paragraph 
(a).


Sec.  555.125   [Amended]

0
14. Amend Sec.  555.125 by removing and reserving paragraph (a).

[[Page 13800]]

Sec.  555.126   [Amended]

0
15. Amend Sec.  555.126 by removing ``Explosives transaction record for 
distribution of explosive materials prior to May 24, 2003 and'' and 
``on and after May 24, 2003'' from the section heading and removing and 
reserving paragraph (a).


Sec.  555.142   [Amended]

0
16. In Sec.  555.142, remove ``(effective January 24, 2003)'' from the 
section heading.


Sec.  555.165   [Amended]

0
17. In Sec.  555.165, remove ``On and after January 24, 2003, any 
licensee or permittee'' in paragraph (b) and add in its place ``Any 
licensee or permittee''.


Sec.  555.201   [Amended]

0
18. In Sec.  555.201, remove and reserve paragraph (e).


Sec.  555.202   [Amended]

0
19. In Sec.  555.202, remove ``See also Sec.  555.201(e).'' in 
paragraph (a).


Sec.  555.218   [Amended]

0
20. In Sec.  555.218, remove ``July, 1991'' in the table heading and 
add in its place ``June 1991''.


Sec.  555.219   [Amended]

0
21. In Sec.  555.219, add the table heading ``TABLE: DEPARTMENT OF 
DEFENSE AMMUNITION AND EXPLOSIVES STANDARDS, TABLE 5-4.1 EXTRACT; 
4145.27 M, MARCH 1969'' below the table.


Sec.  555.220   [Amended]

0
22. Amend Sec.  555.220 as follows:
0
a. Remove ``TABLE: DEPARTMENT OF DEFENSE AMMUNITION AND EXPLOSIVES 
STANDARDS, TABLE 5-4.1 EXTRACT; 4145.27 M, MARCH 1969'' from above the 
table; and
0
b. Remove ``1015 18th St. N.W., Washington, DC 20036'' in the footnote 
to paragraph (3).


Sec.  555.224   [Amended]

0
23. Amend Sec.  555.224 as follows:
0
a. Remove ``(30 days from the date of publication of the final rule in 
the Federal Register)'' in footnote 3 and add in its place ``March 7, 
1990''; and
0
b. Add ``(55 FR 3717)''at the end of footnote 3.

    Dated: April 2, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-06912 Filed 4-5-19; 8:45 am]
 BILLING CODE 4410-FY-P