[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Proposed Rules]
[Pages 24392-24395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08921]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 447
[Docket No. ATF-2026-0012; ATF No. 2025R-39P]
RIN 1140-AA77
Adding Component Definitions Under the Arms Export Control Act
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives
(``ATF'') proposes amending Department of Justice (``Department'')
regulations to include terms that the United States Munitions List uses
to describe the composition of defense articles (``compositional
terms''). Specifically, the proposed rule would amend Department
regulations that implement the Arms Export Control Act (``AECA'') to
define the compositional terms ``component,'' ``accessories and
attachments,'' and ``part'' for purposes of permanent imports under the
AECA.
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) July 6,
2026. Commenters should be aware that the federal e-rulemaking portal
comment system will not accept comments after midnight Eastern Time on
the last day of the comment period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA77, by
either of the following methods--
Federal e-rulemaking portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of
Regulatory Affairs; Enforcement Programs and Services; Bureau of
Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave. NE,
Washington, DC 20226; ATTN: RIN 1140-AA77.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA77) for this notice of proposed rulemaking (``NPRM''
or ``proposed rule''). ATF may post all properly completed comments it
receives from either of the methods described above, without change, to
the federal e-rulemaking portal, https://www.regulations.gov. This
includes any personally identifying information (``PII'') or business
proprietary information (``PROPIN'') submitted in the body of the
comment or as part of a related attachment they want posted. Commenters
who submit through the federal e-rulemaking portal and do not want any
of their PII posted on the internet should omit it from the body of
their comment and any uploaded attachments that they want posted. If
online commenters wish to submit PII with their comment, they should
place it in a separate attachment and mark it at the top with the
marking ``CUI//PRVCY.'' Commenters who submit through mail should
likewise omit their PII or PROPIN from the body of the comment and
provide any such information on the cover sheet only, marking it at the
top as ``CUI//PRVCY'' for PII, or as ``CUI//PROPIN'' for PROPIN. 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. In accordance
with 5 U.S.C. 553(b)(4), a summary of this rule may be found at https://www.regulations.gov. Commenters must submit comments by using one of
the methods described above, not by emailing the address set forth in
the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email
at [email protected], by mail at Office of Regulatory Affairs; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave. NE, Washington, DC 20226, or by telephone
at 202-648-7070 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Arms Export Control Act of 1976 (``AECA'') governs importing
and exporting defense articles and services. 22 U.S.C. 2751 et seq.
Defense articles and services include firearms, firearm parts,
ammunition, and certain other military equipment subject to the AECA.
Section 38 of the AECA, codified at 22 U.S.C. 2778, authorizes the
President of the United States to control such imports and exports in
furtherance of world peace and the security and foreign policy of the
United States. In 2013, through Executive Order 13637,\1\ the President
delegated to the Secretary of State the AECA section 38 function except
as otherwise provided in section 1(n) of the order. The delegation
includes, in relevant part, providing foreign policy guidance to
persons of the United States involved in exporting and importing
defense articles and services. See 22 U.S.C. 2778(a)(1); E.O. 13637,
sec. 1(n), 78 FR 16130. The Department of State promulgates regulations
pursuant to its delegated AECA section 38 authorities in the
International Traffic in Arms Regulations (``ITAR''), at 22 CFR parts
120-130.
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\1\ Administration of Reformed Export Controls, 78 FR 16129
(Mar. 8, 2013).
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Within Executive Order 13637, the President also delegated to the
Attorney General the AECA section 38 functions that relate to
controlling permanent imports of defense articles and services. In
turn, the Attorney General has delegated the responsibility for
administering and enforcing section 38 of the AECA (relating to
importing items on the United States Munitions Imports List and
importing defense articles and services) to the Director of ATF
(``Director''), subject to the direction of the Attorney General and
the Deputy Attorney General. See 28 CFR 0.130(a)(6)(vi),
(c).2 3
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\2\ The delegation does not include enforcing ``violations
relating to exportation, in transit, temporary import, or temporary
export transactions.'' 28 CFR 0.130(a)(6)(vi).
\3\ In Attorney General Order Number 6353-2025, the Attorney
General delegated authority to the Director to issue regulations
pertaining to matters within ATF's jurisdiction, including under the
National Firearms Act, Gun Control Act, and Title XI of the
Organized Crime Control Act. ATF's jurisdiction also includes the
AECA and the Contraband Cigarette Trafficking Act.
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In carrying out such functions, the Attorney General, and, pursuant
to the Attorney General's delegated authority, the Director ``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.'' E.O. 13637, sec. (1)(n)(ii), 78 FR 16130; see also 27 CFR
447.55.
ATF enumerates defense articles and services subject to the AECA's
permanent importing provisions in its regulations under the United
States Munitions Imports List (``USMIL''). See 27 CFR 447.21. Defense
articles under the USMIL also include the ``components,''
``accessories,'' ``attachments,'' and ``parts'' of the defense article.
For example, USMIL Category I-Firearms includes ``[n]onautomatic and
semiautomatic firearms, to caliber .50 inclusive, combat
[[Page 24393]]
shotguns, and shotguns with barrels less than 18 inches in length, and
all components and parts for such firearms,'' as well as ``[a]utomatic
firearms and all components and parts for such firearms to caliber .50
inclusive.'' 27 CFR 447.21 (emphasis added). However, the USMIL
regulation does not define these compositional terms, nor do ATF's
other AECA regulations.
The Department of State's ITAR provisions regulate defense articles
and services enumerated on the United States Munitions List (``USML'').
22 CFR 121.1. Like the USMIL, the USML includes ``[p]arts, components,
accessories, and attachments'' of defense articles. 22 CFR 121.1. But
unlike the USMIL and ATF's other implementing regulations, the ITAR
defines these compositional terms. 22 CFR 120.40.
II. Proposed Rule
When ATF examines importing applications that include accessories,
attachments, components, or parts, ATF uses either a determination
previously made by the Department of State regarding whether a defense
article is an accessory, attachment, component, or part; or ATF's
Firearms and Ammunition Technology Division classifies the article
relying on the ITAR definitions set forth in 22 CFR 120.40. Because ATF
is guided by and largely relies on the Department of State's views on
foreign policy and matters of national security for purposes of the
AECA,\4\ ATF proposes to add the compositional terms defined in 22 CFR
120.40--``accessories and attachments,'' ``component,'' and ``part''--
to its AECA regulations so that ATF's regulations include definitions
for these terms and the definitions align with those in the ITAR.
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\4\ See E.O. 13637, 78 FR 16130.
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Applying the ITAR's definition of ``part'' to the USMIL, however,
would require ATF to clarify the defense articles included under
Category I--Firearms. 27 CFR 447.21. That category regulates
``components and parts'' but not ``accessories and attachments.'' 27
CFR 447.21. Yet the ITAR definition for ``part'' would include ``any
single unassembled element of a major or a minor component, accessory,
or attachment . . .'' 22 CFR 120.40 (emphasis added). Fully applying
the ITAR definition of ``part'' to the USMIL Category I--Firearms would
consequently lead to the result that unassembled accessories or
attachments (falling under the definition of ``part'') would be
regulated while complete accessories or attachments would not.
Therefore, ATF proposes to use paragraph (e) of Category I--Firearms,
which is currently reserved, to add a sentence clarifying that
``components and parts'' does not include unassembled elements of an
accessory or attachment. Category I--Firearms would thus include
components of regulated firearms as well as unassembled elements of a
component, but it would exclude assembled or unassembled attachments
and accessories.
Adding the ITAR's definitions would better inform importers of
defense articles under the AECA and enable ATF to define these terms
consistently when approving or denying import applications. The changes
would also ensure that ATF and the Department of State align in how
they use these compositional terms with respect to the USMIL and USML.
And the proposed clarification within the USMIL would retain the
current scope of defense articles regulated under USMIL Category I--
Firearms.
III. Statutory and Executive Order Review
A. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of agencies quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting public
flexibility.
This proposed rule would amend the current regulation at 27 CFR
447.11 to include the definitions of ``component,'' ``accessories and
attachments,'' and ``part,'' and to track those definitions with the
Department of State's ITAR provisions at 22 CFR 120.40.
The Office of Management and Budget (``OMB'') has determined that
this proposed rule would not be a ``significant regulatory action''
under Executive Order 12866. Therefore, it did not review this rule.
This proposed rule would simply add three well-established definitions,
with a minor adjustment to one term, to ATF's regulations, but it would
make no additional changes to existing obligations, required by the
Department of State. This rulemaking would provide qualitative benefits
to the public in the form of consistency across Departments.
B. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity Through Deregulation)
requires an agency, unless prohibited by law, to identify at least ten
existing regulations to be repealed or revised when the agency publicly
proposes for notice and comment or otherwise promulgates a new
regulation that qualifies as an Executive Order 14192 regulatory action
(defined in OMB Memorandum M-25-20 as a final significant regulatory
action under section 3(f) of Executive Order 12866 that imposes total
costs greater than zero). In furtherance of this requirement, section
3(c) of Executive Order 14192 requires that any new incremental costs
associated with such new regulations must, to the extent permitted by
law, also be offset by eliminating existing costs associated with at
least ten prior regulations. However, this proposed rule would not be
an Executive Order 14192 regulatory action because it is not a
significant regulatory action as defined by Executive Order 12866 and
it would not impose total costs greater than zero. It imposes no costs
and is also not significant because it incorporates definitions from
the ITAR for consistency between agencies without changing importer
requirements.
C. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal
Regulations) requires agencies promulgating regulations with criminal
regulatory offenses potentially subject to criminal enforcement to
explicitly describe the conduct subject to criminal enforcement, the
authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This proposed rule would not create a
criminal regulatory offense and is thus exempt from Executive Order
14294 requirements.
D. Executive Order 13132
This proposed rule would not have substantial direct effects on the
states, the relationship between the federal government and the states,
or the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132 (Federalism), the Director has determined that
this proposed rule would not impose substantial direct compliance costs
on state and local governments, preempt state law, or meaningfully
implicate federalism. It thus does not warrant preparing a federalism
summary impact statement.
[[Page 24394]]
E. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform).
F. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
agencies are required to conduct a regulatory flexibility analysis of
any proposed rule subject to notice-and-comment rulemaking requirements
unless the agency head certifies, including a statement of the factual
basis, that the proposed rule would not have a significant economic
impact on a substantial number of small entities. 5 U.S.C. 605(b).
Small entities include certain small businesses, small not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. 5 U.S.C. 601(6).
The Director certifies, after consideration, that this proposed
rule would not have a significant economic impact on a substantial
number of small entities or any entities because it utilizes
definitions already used by the industry and ATF for importing and
exporting defense articles.
G. Unfunded Mandates Reform Act of 1995
This proposed rule does not include a federal mandate that might
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 would not significantly or uniquely affect small
governments. Therefore, ATF has determined that no actions are
necessary under the provisions of the Unfunded Mandates Reform Act of
1995. See 2 U.S.C. 1501 et seq.
H. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C.
3501-3521, agencies are required to submit to OMB, for review and
approval, any information collection requirements created by a rule or
any impacts it has on existing information collections. An information
collection includes any reporting, recordkeeping, monitoring, posting,
labeling, or other similar actions an agency requires of the public.
See 5 CFR 1320.3(c). This proposed rule would not create any new
information collection requirements or impact any existing ones covered
by the PRA.
I. Congressional Review Act
This proposed rule would not be a major rule as defined by the
Congressional Review Act, 5 U.S.C. 804.
IV. Public Participation
A. Comments Sought
ATF requests comments on the proposed rule from all interested
persons. ATF specifically requests comments on the clarity of this
proposed rule and how it may be made easier to understand. In addition,
ATF requests comments on the costs or benefits of the proposed rule and
on the appropriate methodology and data for calculating those costs and
benefits.
All comments must reference this document's RIN 1140-AA77 and, if
handwritten, must be legible. If submitting by mail, you must also
include your complete first and last name and contact information. If
submitting a comment through the federal e-rulemaking portal, as
described in section IV.C of this preamble, you should carefully review
and follow the website's instructions on submitting comments. Whether
you submit comments online or by mail, ATF will post them online. If
submitting online as an individual, any information you provide in the
online fields for city, state, zip code, and phone will not be publicly
viewable when ATF publishes the comment on https://www.regulations.gov.
However, if you include such personally identifying information
(``PII'') in the body of your online comment, it may be posted and
viewable online. Similarly, if you submit a written comment with PII in
the body of the comment, it may be posted and viewable online.
Therefore, all commenters should review section IV.B of this preamble,
``Confidentiality,'' regarding how to submit PII if you do not want it
published online. ATF may not consider, or respond to, comments that do
not meet these requirements or comments containing excessive profanity.
ATF will retain comments containing excessive profanity as part of this
rulemaking's administrative record but will not publish such documents
on https://www.regulations.gov. ATF will treat all comments as
originals and will not acknowledge receipt of comments. In addition, if
ATF cannot read your comment due to handwriting or technical
difficulties and cannot contact you for clarification, ATF may not be
able to consider your comment.
ATF will carefully consider all comments, as appropriate, received
on or before the closing date.
B. Confidentiality
ATF will make all comments meeting the requirements of this
section, whether submitted electronically or on paper, and except as
provided below, available for public viewing on the internet through
the federal e-rulemaking portal, and subject to the Freedom of
Information Act (5 U.S.C. 552). Commenters who submit by mail and who
do not want their name or other PII posted on the internet should
submit their comments with a separate cover sheet containing their PII.
The separate cover sheet should be marked with ``CUI//PRVCY'' at the
top to identify it as protected PII under the Privacy Act. Both the
cover sheet and comment must reference this RIN 1140-AA77. For comments
submitted by mail, information contained on the cover sheet will not
appear when posted on the internet, but any PII that appears within the
body of a comment will not be redacted by ATF and may appear on the
internet. Similarly, commenters who submit through the federal e-
rulemaking portal and who do not want any of their PII posted on the
internet should omit such PII from the body of their comment and any
uploaded attachments. However, PII entered into the online fields
designated for name, email, and other contact information will not be
posted or viewable online.
A commenter may submit to ATF information identified as proprietary
or confidential business information by mail. To request that ATF
handle this information as controlled unclassified information
(``CUI''), the commenter must place any portion of a comment that is
proprietary or confidential business information under law or
regulation on pages separate from the balance of the comment, with each
page prominently marked ``CUI//PROPIN'' at the top of the page.
ATF will not make proprietary or confidential business information
submitted in compliance with these instructions available when
disclosing the comments that it receives, but will disclose that the
commenter provided proprietary or confidential business information
that ATF is holding in a separate file to which the public does not
have access. If ATF receives a request to examine or copy this
information, it will treat it as any other request under the Freedom of
Information Act (5 U.S.C. 552). In addition, ATF will disclose such
proprietary or confidential business information to the extent required
by other legal process.
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C. Submitting Comments
Submit comments using either of the two methods described below
(but do not submit the same comment multiple times or by more than one
method). Hand-delivered comments will not be accepted.
Federal e-rulemaking portal: ATF recommends that you
submit your comments to ATF via the federal e-rulemaking portal at
https://www.regulations.gov and follow the instructions. Comments will
be posted within a few days of being submitted. However, if large
volumes of comments are being processed simultaneously, your comment
may not be viewable for up to several weeks. Please keep the comment
tracking number that is provided after you have successfully uploaded
your comment.
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, include the commenter's first and last name
and full mailing address, and may be of any length. See also section
IV.B of this preamble, ``Confidentiality.''
Disclosure
Copies of this proposed rule and the comments received in response
to it are available through the federal e-rulemaking portal, at https://www.regulations.gov (search for RIN 1140-AA77).
List of Subjects in 27 CFR Part 447
Administrative practice and procedure, Arms and munitions,
Chemicals, Customs duties and inspection, Imports, Penalties, Reporting
and recordkeeping requirements, Scientific equipment, Seizures and
forfeitures.
For the reasons discussed in the preamble, ATF proposes to amend 27
CFR part 447 as follows:
PART 447--IMPORTATION OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR
0
1. The authority citation for 27 CFR part 447 continues to read as
follows:
Authority: 22 U.S.C. 2778; E.O. 13637, 78 FR 16129 (March 8,
2013).
0
2. Amend Sec. 447.11 by adding, in alphabetical order, definitions for
``Accessories and attachments'', ``Component'', and ``Part''.
The additions read as follows:
Sec. 447.11 Meaning of terms.
Accessories and attachments. Associated articles for any component,
equipment, system, or end-item, which are not necessary for its
operation, but which enhance its usefulness or effectiveness.
* * * * *
Component. An item that is useful only when used in conjunction
with an end-item: (1) A major component includes any assembled element
that forms a portion of an end-item without which the end-item is
inoperable; and (2) A minor component includes any assembled element of
a major component.
* * * * *
Part. Any single unassembled element of a major or a minor
component, accessory, or attachment that is not normally subject to
disassembly without destroying or impairing the designed use.
* * * * *
0
3. Revise Sec. 447.21, ``Category I--Firearms,'' paragraph (e),
currently reserved, to read as follows:
Sec. 447.21 The U.S. Munitions Import List.
* * * * *
(e) For purposes of this category, the phrase ``components and
parts for such firearms'' does not include any single unassembled
element of an accessory or attachment that is not normally subject to
disassembly without destroying or impairing the designed use.
* * * * *
Robert Cekada,
Director.
[FR Doc. 2026-08921 Filed 5-5-26; 8:45 am]
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