[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Rules and Regulations]
[Pages 24352-24357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08927]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 447 and 479
[Docket No. ATF-2026-0332; ATF No. 2020R-03D]
RIN 1140-AA66
Export Control Reform--Conforming References to Department of
Commerce
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Direct final rule.
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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives
(``ATF'') is amending Department of Justice (``Department'')
regulations to make administrative and technical clarifying revisions.
These revisions add conforming references to the Department of Commerce
in the relevant processes, and respond to regulatory changes already
made by the Departments of Commerce and State that have effectively
divided export and temporary import controls between those two
agencies. The revisions also make minor technical amendments to
punctuation for better clarity.
DATES: This direct final rule is effective on July 6, 2026, unless
significant adverse comments are received by June 5, 2026. If ATF
receives a significant adverse comment within the stated time that
warrants revising the rule (as described under the ``Public
Participation'' heading in the SUPPLEMENTARY INFORMATION section of
this regulation at part IV of this preamble), ATF will publish a notice
in the Federal Register withdrawing the rule before the effective date.
Commenters should be aware that the https://www.regulations.gov 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-AA66, 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: ATF RIN 1140-AA66.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA66) for this direct final 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. 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.
[[Page 24353]]
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 Attorney General is responsible for enforcing the National
Firearms Act (``NFA''), as amended, 26 U.S.C. chapter 53.\1\ Congress
and the Attorney General have delegated the responsibility for
administering and enforcing the NFA to the Director of ATF
(``Director''), subject to the direction of the Attorney General and
the Deputy Attorney General. See 28 U.S.C. 599A(b)(1), (c)(1); 28 CFR
0.130(a)(1)-(2); Treas. Order No. 221(2)(a), (d), 37 FR 11696-97 (June
10, 1972).\2\ Accordingly, the Department and ATF have promulgated
regulations to implement the NFA in 27 CFR part 479.
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\1\ Some NFA provisions still refer to the ``Secretary of the
Treasury.'' However, the Homeland Security Act of 2002, Public Law
107-296, 116 Stat. 2135, transferred the functions of ATF from the
Department of the Treasury to the Department of Justice, under the
general authority of the Attorney General. 26 U.S.C. 7801(a)(2); 28
U.S.C. 599A(c)(1). Thus, for ease of reference, this direct final
rule refers to the Attorney General where relevant.
\2\ 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
NFA, Gun Control Act, and Title XI of the Organized Crime Control
Act. ATF's jurisdiction also includes the Contraband Cigarette
Trafficking Act.
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Through Executive Order 13637, the President delegated authorities
under the Arms Export Control Act (``AECA'') to the Secretary of State,
including controls for exporting and temporarily importing defense
articles and defense services. E.O. 13637, sec. 1(n)(i), 78 FR 16129
(Mar. 8, 2013). The International Traffic in Arms Regulations
(``ITAR''), 22 CFR part 120 et seq., implements the Secretary of
State's delegated AECA authorities and enumerates the defense articles
and defense services the Secretary of State regulates for export and
temporary import purposes on the regulatory United States Munitions
List (``USML'') at 22 CFR 121.1.
Additionally, the President delegated to the Attorney General
authority under the AECA to control permanently importing defense
articles and defense services. See E.O. 13637, sec. 1(n)(ii). 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.''
Id. The Attorney General has delegated this AECA permanent import
control authority to ATF. See 28 CFR 0.130(a)(6)(vi). ATF promulgated
its AECA regulations at 27 CFR part 447. ATF's AECA regulations include
the United States Munitions Import List (``USMIL'') at 27 CFR 447.21.
The USMIL enumerates AECA defense articles and defense services that
are controlled by the Attorney General for permanent import purposes
pursuant to the AECA, 22 U.S.C. 2778, and Executive Order 13637. While
the defense articles and services on the USML under ITAR for export and
temporary import and the defense articles and services on the USMIL for
permanent import purposes are separate lists, there is some overlap
between items listed on the USML and USMIL.
In 2009, the Export Control Reform initiative (``ECR'') was
launched to conduct a comprehensive review of the U.S. export control
system.\3\ As part of ECR regulatory revisions to update the U.S.
export control system, the Department of State revised, for export and
temporary import control purposes, the ITAR listing of some defense
articles and services on the USML, with the effect that those defense
articles and services became subject to the Department of Commerce's
Commerce Control List (``CCL'') in the Export Administration
Regulations (``EAR''), 15 CFR parts 730-774.\4\ This revision was based
on the Department of State's determination that those defense articles
and services no longer warrant export and temporary import control
under the ITAR. As a result of these ECR regulatory changes, which
became effective in March 2020,\5\ the Department of State and the
Department of Commerce now have divided jurisdiction over export and
temporary import controls for items that are also USMIL defense
articles controlled by ATF for permanent import purposes. Specifically,
the Department of State now controls for export and temporary import
purposes those AECA defense articles also appearing on the USMIL that
are subject to their export and temporary import jurisdiction under the
ITAR, and the Department of Commerce now controls for export and
temporary import purposes those AECA defense articles also appearing on
the USMIL that are subject to their export and temporary import
jurisdiction under the EAR.
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\3\ U.S. Army Acquisition Support Center, Export Control Reform:
An Overview of President Obama's Initiative (Aug 1, 2012), https://asc.army.mil/web/access-export-control-reform-an-overview-of-president-obamas-initiative/ (last visited Jan 4, 2026).
\4\ See, e.g., Amendment to the International Traffic in Arms
Regulations: Initial Implementation of Export Control Reform, 78 FR
22740 (Apr. 16, 2013); Amendment to International Traffic in Arms
Regulations: Continued Implementation of Export Control Reform, 78
FR 40922 (Jul. 8, 2013); see also 15 CFR 734.3(b)(1) (excluding from
EAR ``[i]tems that are exclusively controlled for export or reexport
by'' the Department of State.'').
\5\ See International Traffic in Arms Regulations: U.S.
Munitions List Categories I, II, and III, 85 FR 3819 (Jan. 23,
2020); Control of Firearms, Guns, Ammunition and Related Articles
the President Determines No Longer Warrant Control Under the United
States Munitions List (USML), 85 FR 4136 (Jan. 23, 2020).
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ATF is therefore amending ATF regulations in this direct final rule
to add a reference to the Department of Commerce, as appropriate, in
those regulatory provisions that currently refer only to the Department
of State.
II. Direct Final Rule
This direct final rule updates ATF's regulatory provisions by
adding references to the Department of Commerce in 27 CFR part 447
(regulations promulgated under the AECA) and 27 CFR part 479
(regulations promulgated under the NFA) to conform to the Department of
Commerce's control over certain items as a result of the ECR. More
specifically, this direct final rule adds references to the Department
of Commerce in the applicable sections in parts 447 and 479 to refer to
those transactions that implicate the Department of Commerce's export
and temporary import jurisdiction.
A. 27 CFR Part 447, Importing Arms, Ammunition, and Defense Articles
This direct final rule amends the articles-in-transit provision at
27 CFR 447.46 to add a reference to the Department of Commerce and its
EAR at 15 CFR 758.10. Articles subject to 27 CFR part 447 import permit
procedures that are entering the United States only temporarily pending
removal, and articles temporarily taken out of the United States for
subsequent return to the United States, are not considered imported or
exported for part 447 purposes. Those temporary import and temporary
export transactions are now subject to in transit or temporary export
procedures of either the Department of State or the Department of
Commerce. In addition, this rule makes a minor plain writing edit to
remove the words ``shall be'' and ``will be,'' replacing the first with
the word ``are.''
This direct final rule also amends the exemption provisions at
Sec. 447.53(a)(3) and (b) to add references to the Department of
Commerce after existing
[[Page 24354]]
references to the Department of State. Section 447.53(a)(3) currently
states that part 447 provisions do not apply to importing articles
(other than firearms as defined in 18 U.S.C. 921(a)(3)) manufactured in
foreign countries for persons in the United States that are subject to
Department of State approval. ATF is adding ``or Department of
Commerce'' after ``Department of State'' to conform to the regulatory
changes made through the ECR such that the exemption applies to
articles subject to either department's approval. The provision at 27
CFR 447.53(b) currently states that any person seeking to import USMIL
defense articles exempt under Sec. 447.53(a) may obtain release of
such articles from Customs custody by submitting, to the customs
officer with authority to release, a statement claiming the exemption
accompanied by satisfactory proof of eligibility. The proof may be in
the form of a letter from the Department of Defense or State, as the
case may be, confirming the person has met the exemption conditions.
This direct final rule replaces ``Department of Defense or State'' with
``Departments of Defense, State, or Commerce'' in Sec. 447.52(b).
Additionally, this direct final rule makes technical amendments to
Sec. 447.53(a)(1)-(3) to change the word ``importation'' to
``importing'' where it appears in each paragraph, and to Sec.
447.53(a)(3) to add a missing punctuation mark, specifically to close
the parenthetical phrase that ends after the citation ``18 U.S.C.
921(a)(3),'' and to change the term ``Customs'' to the term ``Customs
and Border Protection'' and its subsequent abbreviation, to conform
with that agency's preference.
B. 27 CFR Part 479, Machine Guns, Destructive Devices, and Certain
Other Firearms
This direct final rule also amends the requirements at Sec.
479.122(b), on exporting firearms caliber .22 or larger, by adding a
conforming reference to the Department of Commerce--``other
authorization from'' in addition to the license requirement--due to
Department of Commerce practices. In addition, this rule amends the
requirements (1) by restructuring the last sentence to clarify up front
that the person must obtain the license or authorization prior to
exporting, rather than mentioning that at the end as the existing
regulation does, and (2) by providing the public updated contact
information for the Department of State and for the Department of
Commerce regarding export authorizations.
Finally,\6\ the direct final rule adds to Sec. 479.122(b) a new
last sentence to simply remind exporters of an existing obligation,
which is that they should abide by the terms and conditions of the
applicable exemption or license exemption prior to exporting firearms
caliber .22 or larger. This sentence reads, ``Any such person should
also comply with the terms and conditions of an applicable Department
of State exemption or Department of Commerce license exception prior to
exporting such firearms.'' As described above, these changes are
necessary to bring ATF's export control regulations into conformity
with changes made in March 2020 as a result of the ECR. Those changes
included a split of Department of State authority over export and
temporary import controls between the Department of State and the
Department of Commerce, which now both control export and temporary
import controls for items that are USMIL defense articles that are also
controlled by ATF for permanent import purposes.
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\6\ In addition, ATF is making conforming changes to Sec.
447.11, Sec. 479.114, and other applicable sections to include the
Department of Commerce. However, those changes are being made
through different rulemakings that are also updating other portions
of the same sections, so are not included in this rule.
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III. Statutory and Executive Order Review
A. Administrative Procedure Act
Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act
(``APA''), an agency may forgo notice and comment when the agency for
good cause finds such procedures impracticable, unnecessary, or
contrary to the public interest. Agencies may dispense with the APA's
notice-and-comment requirements as unnecessary in situations in which
the rule is a routine determination, insignificant in nature and
impact, and inconsequential to the industry and to the public. Util.
Solid Waste Activities Grp. v. E.P.A., 236 F.3d 749, 755 (D.C. Cir.
2001). This formulation is consistent with the explanation of the
``unnecessary'' prong of the good cause exemption that the Attorney
General issued contemporaneously to the APA. See Dep't of Justice,
Attorney General's Manual on the Administrative Procedure Act 31 (1947)
(explaining that ``unnecessary'' refers to a ``minor rule or amendment
in which the public is not particularly interested'').
This rule makes minor technical edits in the applicable sections in
27 CFR parts 447 and 479 to conform ATF's regulations with regulatory
changes already implemented by the Departments of State and Commerce to
divide their agency roles with regard to controlled arms items. The
rule achieves this primarily by adding references to the Department of
Commerce and its authorization for exports, plus a minor technical edit
to restructure a sentence so it is clearer that persons must submit
applications and comply with the terms of any exception they have
before exporting.
ATF does not anticipate controversy or significant comments on
these changes because the public and industry are well informed of the
export control reform changes that were initiated several years ago and
became effective in 2020 as discussed in section I of this preamble.
The rule simply updates the regulation to reflect that import and
export controls are now divided between the Departments of State and
Commerce, as opposed to solely the Department of State. However, ATF is
nonetheless providing a full opportunity for notice and comment. Prior
to the effective date of this rule, we will consider any significant
adverse comments we receive and withdraw the rule, if necessary, to
address them. Thus, ATF finds, for good cause, that it is unnecessary
to first publish a notice of proposed rulemaking for this rule.
In Recommendation 95-4, the Administrative Conference of the United
States (``ACUS'') endorsed direct final rulemaking as an appropriate
procedure to expedite promulgation of rules that are not controversial
and that are not expected to generate significant adverse comment.\7\
The direct final rule process allows an agency to issue a rule that it
believes to be noncontroversial ``without having to go through the
review process twice . . . while at the same time offering the public
the opportunity to challenge the agency's view that the rule is
noncontroversial.'' \8\ ACUS recommended that agencies use the direct
final rule process when they act under the ``unnecessary'' prong of the
good cause exemption in 5 U.S.C. 553(b)(B). Consistent with this
recommendation, ATF is making the changes to 27 CFR 447.11, 447.46,
447.53, 479.114, and 479.122 through a direct final rule because this
rule makes noncontroversial changes, and ATF does not expect to receive
any significant adverse comments.
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\7\ Adoption of Recommendations, 60 FR 43108, 43110 (Aug. 18,
1995).
\8\ 60 FR 43110-11.
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Unless we receive a significant adverse comment that warrants
revising the rule by June 5, 2026, this rule will become effective on
July 6, 2026. If any timely significant adverse comments are
[[Page 24355]]
received, ATF will publish a notice in the Federal Register withdrawing
this direct final rule before its effective date. See section IV.A of
this preamble on ``Comments sought'' for a description of what is
considered a significant adverse comment.
B. 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 direct final rule adds conforming references to the Department
of Commerce in the ATF regulations at 27 CFR parts 447 and 479 as
appropriate and relevant and a minor technical edit to restructure a
sentence so it is clearer that applications must be submitted before
exporting.
The Office of Management and Budget (``OMB'') has determined that
this rule is not a ``significant regulatory action'' under Executive
Order 12866. Therefore, it did not review this rule. There are no
changes in ATF standards or compliance requirements; therefore, ATF
anticipates no costs or savings for this rule.
C. 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 direct final rule is not an
Executive Order 14192 regulatory action because it is not a significant
regulatory action as defined by Executive Order 12866 and it does not
impose total costs greater than zero.
D. 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 rule does not create a criminal
regulatory offense and is thus exempt from Executive Order 14294
requirements.
E. Executive Order 13132
This regulation 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 Director has determined that
this regulation does 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.
F. Executive Order 12988
This regulation meets the applicable standards set forth in
subsections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform).
G. 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 rule subject to notice-and-comment rulemaking requirements unless
the agency head certifies, including a statement of the factual basis,
that the rule will not have a significant economic impact on a
substantial number of small entities. 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.
This rule simply adds references to the Department of Commerce in
27 CFR part 447 and part 479 to reflect the Department of Commerce's
control over certain items as a result of the ECR and to refer to those
transactions that implicate the Department of Commerce's export and
temporary import jurisdiction. It also restructures a sentence to make
it more understandable in plain language of an existing obligation that
the public already complies with. The Director therefore certifies that
this rule will not have a significant economic impact on a substantial
number of small entities as it imposes no additional costs.
H. Unfunded Mandates Reform Act of 1995
This direct final rule does not include a federal 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
one year (as adjusted for inflation), and it will not significantly or
uniquely affect small governments.
Therefore, the ATF has determined that no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
I. 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 a rule creates or any
impacts it has on existing information collections. An information
collection includes any reporting, record-keeping, monitoring, posting,
labeling, or other similar actions an agency requires of the public.
See 5 CFR 1320.3(c). This direct final rule does not create any new
information collection requirements or impact any existing ones covered
by the PRA.
J. Congressional Review Act
This 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 this direct final rule from all interested
persons. Pertinent to this direct final rule, a significant adverse
comment is a comment where the commenter explains why the rule would be
inappropriate, including by identifying challenges to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change. A comment is significant in the following
circumstances:
(1) The comment opposes ATF's assessment regarding the non-
controversial nature of the rule and provides a reason sufficient to
require a substantive response in a notice-and-comment process. For
example, a substantive response may be required when:
(a) The comment causes ATF to reconsider its position or conduct
additional analysis;
[[Page 24356]]
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by ATF.
(2) The comment proposes a salient change or an addition to the
rule, and it is apparent that the rule would be ineffective or
unacceptable without incorporation of the change or addition; or
(3) The comment causes ATF to make a change (other than editorial
or administrative changes) to the rule.
All comments must reference this document's RIN 1140-AA66 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-AA66. 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.
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 rule and any public comments received in response to
it are available through the federal e-rulemaking portal at https://www.regulations.gov (search for RIN 1140-AA66).
List of Subjects
27 CFR Part 447
Administrative practice and procedure, Arms and munitions,
Chemicals, Customs duties and inspection, Imports, Penalties, Reporting
and record-keeping requirements, Scientific equipment, Seizures and
forfeitures.
27 CFR Part 479
Administrative practice and procedure, Arms and munitions, Exports,
Imports, Military personnel, Penalties, Reporting and record-keeping
requirements, Seizures and forfeitures, Taxes, Transportation.
For the reasons discussed in the preamble, ATF amends 27 CFR parts
447 and 479 as follows:
PART 447--IMPORTATION OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR
0
1. The authority citation for part 447 continues to read as follows:
Authority: 22 U.S.C. 2778; E.O. 13637, 78 FR 16129 (Mar. 8,
2013).
Sec. 447.46 [Amended]
0
2. Amend Sec. 447.46 by removing the words ``shall be'' and ``will
be'' from the first sentence and adding in place of ``shall be'' the
word ``are''; removing the
[[Page 24357]]
word ``Part'' from the parenthetical and adding in its place the word
``part''; and adding ``or the entry clearance requirements for
temporary imports maintained by the Department of Commerce (see 15 CFR
758.10)'' at the end of the second sentence.
Sec. 447.53 [Amended]
0
3. Revise Sec. 447.53 to read as follows:
447.53 Exemptions.
(a) The provisions of this part are not applicable to:
(1) Importing by the United States or any agency thereof;
(2) Importing components for items being manufactured under
contract for the Department of Defense; or
(3) Importing articles (other than those which would be
``firearms'' as defined in 18 U.S.C. 921(a)(3)) manufactured in foreign
countries for persons in the United States pursuant to Department of
State or Department of Commerce approval.
(b) Any person seeking to import articles on the U.S. Munitions
Import List as exempt under paragraph (a)(2) or (3) of this section may
obtain release of such articles from Customs and Border Protection
(``CBP'') custody by submitting, to the CBP officer with authority to
release, a statement claiming the exemption accompanied by satisfactory
proof of eligibility. Such proof may be in the form of a letter from
the Departments of Defense, State, or Commerce, as the case may be,
confirming that the person has met the conditions of the claimed
exemption.
PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
0
4. The authority citation for part 479 is revised to read as follows:
Authority: 26 U.S.C. 5801-5822; 26 U.S.C. 7801; 26 U.S.C. 7805.
Sec. 479.122 [Amended]
0
5. Revise Sec. 479.122 paragraph (b) to read as follows:
Sec. 479.122 Requirements.
* * * * *
(b) Persons engaged in the business of exporting firearms caliber
.22 or larger are subject to the requirements of a license issued by,
or other authorization from, the Secretary of State or Secretary of
Commerce. Prior to exporting such firearms, persons intending to export
them should register with the Department of State, Directorate of
Defense Trade Controls (DDTC), https://www.pmddtc.state.gov, or apply
for an export license to the Department of Commerce, Bureau of Industry
and Security, https://www.bis.gov/, depending on the relevant export
control list. Any such person should also comply with the terms and
conditions of an applicable Department of State exemption or Department
of Commerce license exception prior to exporting such firearms.
Robert Cekada,
Director.
[FR Doc. 2026-08927 Filed 5-5-26; 8:45 am]
BILLING CODE 4410-FY-P