ITAR Canadian Firearms Components Exemption Amendment

7/28/2019 ITAR Canadian Firearms Components Exemption Amendment

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

shipment of rough diamonds mustcomply with the requirements of CBP,OFAC, and the U.S. Census Bureau (15CFR part 30).

(b) Definitions. For purposes of thissection, the following definitions apply:

(1) Controlled through the KimberleyProcess Certification Scheme.Controlled through the Kimberley

Process Certification Scheme meansmeeting the requirements set forth in 31CFR 592.301;

(2) Kimberley Process Certificate.Kimberley Process Certificate means aforgery resistant document that meetsthe minimum requirements listed inAnnex I of the Kimberley ProcessCertification Scheme, as well as therequirements listed in 31 CFR 592.307;

(3) Rough diamond. Roughdiamond means any diamond that isunworked or simply sawn, cleaved, or

bruted and classifiable undersubheading 7102.10, 7102.21, or

7102.31 of the Harmonized TariffSchedule of the United States;(4) United States. United States,

when used in the geographic sense,means the several states, the District ofColumbia, and any commonwealth,territory, or possession of the UnitedStates; and

(5) United States person. UnitedStates person means:

(i) Any United States citizen or anyalien admitted for permanent residenceinto the United States;

(ii) Any entity organized under thelaws of the United States or anyjurisdiction within the United States

(including its foreign branches); and(iii) Any person in the United States.(c) Original Kimberley Process

Certificate. A shipment of roughdiamonds imported into, or exportedfrom, the United States must beaccompanied by an original KimberleyProcess Certificate.

(d) Formal Entry Required. Formalentry is required when importing ashipment of rough diamonds. Formalentry procedures are prescribed in part142 of this chapter.

(e) Report of Kimberley ProcessCertificate Unique Identifying Number.

Customs brokers, importers, and filersmaking entry of a shipment of roughdiamonds must either submit throughCBPs Automated Broker Interface (ABI)system the unique identifying numberof the Kimberley Process Certificateaccompanying the shipment or, for non-ABI entries, indicate the certificatenumber on the CBP Form 7501, EntrySummary, on each applicable line item.

(f) Maintenance of Kimberley ProcessCertificate(1) Ultimate consignee. Theultimate consignee identified on theCBP Form 7501, Entry Summary, or its

electronic equivalent filed with CBP inconnection with an importation ofrough diamonds must retain the originalKimberley Process Certificate for aperiod of at least five years from thedate of importation and must make thecertificate available for examination atthe request of CBP.

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

imports into the United States ashipment of rough diamonds mustretain a copy of the Kimberley ProcessCertificate accompanying the shipmentfor a period of at least five years fromthe date of importation and must makethe copy available for examination atthe request of CBP.

(3) Exporter. The U.S. person thatexports from the United States ashipment of rough diamonds mustretain a copy of the Kimberley ProcessCertificate accompanying the shipmentfor a period of at least five years fromthe date of exportation and must make

the copy available for examination atthe request of CBP.

PART 163RECORDKEEPING

3. The specific authority citation forpart 163 is revised and the generalauthority citation continues to read asfollows:

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 revisedto read as follows:

163.2 Persons required to maintainrecords.

* * * * *(c) Recordkeeping required for certain

exporters(1) NAFTA. Any person whoexports goods to Canada or Mexico forwhich a Certificate of Origin wascompleted and signed pursuant to theNorth American Free Trade Agreementmust also maintain records inaccordance with part 181 of thischapter.

(2) Kimberley Process CertificationScheme. Any U.S. person (see definitionin 12.152(b)(5)) who exports from theUnited States any rough diamonds mustretain a copy of the Kimberley ProcessCertificate accompanying each shipmentfor a period of at least five years fromthe date of exportation. See 19 CFR12.152(f)(3). Any U.S. person whoexports from the United States anyrough diamonds and does not keeprecords in this time frame may besubject to penalties under 19 U.S.C.3907.

5. The Appendix to part 163 isamended by adding a new listing undersection IV in numerical order to read asfollows:

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

* * * * *IV. * * *

12.152 Kimberley Process Certificate forrough diamonds.

* * * * *

PART 178APPROVAL OFINFORMATION COLLECTIONREQUIREMENTS

6. The authority citation for part 178continues 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 addinga new listing to the table in numericalorder to read as follows:

178.2 Listing of OMB control numbers.

19 CFRSection

DescriptionOMB Control

No.

* * * * * 12.152 ... Certificate and

record-keeping re-quirementsfor the entryof rough dia-monds.

15050198and 16510076.

* * * * *

Thomas S. Winkowski,

Deputy Commissioner, Performing the dutiesof the Commissioner of U.S., Customs andBorder Protection.

Approved: June 28, 2013.

Timothy E. Skud,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 201315972 Filed 7513; 8:45 am]

BILLING CODE 911114P

DEPARTMENT OF STATE

22 CFR Part 123

RIN 1400AD07

[Public Notice 8371]

International Traffic in ArmsRegulations: Canadian FirearmsComponents Exemption

AGENCY: Department of State.ACTION: Final rule.

SUMMARY: The Department of State isamending the International Traffic inArms Regulations to implement a

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

statutory provision regarding theexemption from licensing for export toCanada of firearms components notexceeding $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)6632792, [email protected]:Part 123, Canadian FirearmsComponents Exemption.

SUPPLEMENTARY INFORMATION: TheDepartment of State is amending theInternational Traffic in ArmsRegulations (ITAR) to implementsection 520 of the Consolidated andFurther Continuing Appropriations Act2012 (Pub. L. 11255), which applies tofiscal year 2012 appropriations, ascarried forward for fiscal year 2013 by

the Full Year ContinuingAppropriations Act 2013 (Pub. L. 1136). The Department has the authority toregulate the export control programpursuant to the Arms Export ControlAct, 22 U.S.C. 2778.

Pursuant to section 520, theDepartment cannot require a license forthe export of certain firearms andfirearms components for end-use by theCanadian government with a totaltransaction value not exceeding $500wholesale, and cannot require a licensefor the export of certain firearmscomponents for end-use in Canada witha total transaction value not exceeding$500 wholesale. ITAR 123.17 isrevised accordingly. In addition, ITAR 123.16(b)(6) is amended to remove thewords for personal use, as thefirearms exemption at ITAR 123.17includes use of the exemption for anend-use other than personal use.

This rule implements a statutorymandate, and concerns a foreign affairsfunction of the United States. Therefore,the Department is publishing this as afinal rule, and is not solicitingcomments.

Regulatory Analysis and Notices

Administrative Procedure ActThe Department of State is of the

opinion that controlling the import andexport of defense articles and services isa foreign affairs function of the UnitedStates Government and that rulesimplementing this function are exemptfrom sections 553 (rulemaking) and 554(adjudications) of the AdministrativeProcedure Act. Since the Department isof the opinion that this rule is exemptfrom 5 U.S.C. 553, it is the view of theDepartment that the provisions of

553(d) do not apply to thisrulemaking. Therefore, this rule iseffective upon publication.

Regulatory Flexibility Act

Since the Department is of theopinion that this rule is exempt from theprovisions of 5 U.S.C. 553, there is norequirement for an analysis under the

Regulatory Flexibility Act.Unfunded Mandates Reform Act of 1995

This rulemaking does not involve amandate that will result in theexpenditure by State, local, and tribalgovernments, in the aggregate, or by theprivate sector, of $100 million or morein any year and it will not significantlyor uniquely affect small governments.Therefore, no actions were deemednecessary under the provisions of theUnfunded Mandates Reform Act of1995.

Executive Order 13175

The Department of State hasdetermined that this rulemaking willnot have tribal implications, will notimpose substantial direct compliancecosts on Indian tribal governments, andwill not pre-empt tribal law.Accordingly, the provisions ofExecutive Order 13175 do not apply tothis rulemaking.

Small Business Regulatory EnforcementFairness Act of 1996

This rulemaking has been found notto be a major rule within the meaningof the Small Business Regulatory

Enforcement Fairness Act of 1996.Executive Orders 12372 and 13132

This rulemaking will not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with Executive Order 13132,it is determined that this rulemakingdoes not have sufficient federalismimplications to require consultations orwarrant the preparation of a federalism

summary impact statement. Theregulations implementing ExecutiveOrder 12372 regardingintergovernmental consultation onFederal programs and activities do notapply to this rulemaking.

Executive Orders 12866 and 13563

Executive Orders 12866 and 13563direct agencies to assess costs and

benefits of available regulatoryalternatives and, if regulation isnecessary, to select regulatoryapproaches that maximize net benefits

(including potential economic,environmental, public health and safetyeffects, distributed impacts, and equity).These executive orders stress theimportance of quantifying both costsand benefits, of reducing costs, ofharmonizing rules, and of promotingflexibility. This rule has beendesignated significant regulatory

actions, although not economicallysignificant, under section 3(f) ofExecutive Order 12866. Accordingly,this rule has been reviewed by theOffice of Management and Budget(OMB).

Executive Order 12988

The Department of State has reviewedthis rulemaking in light of sections 3(a)and 3(b)(2) of Executive Order 12988 toeliminate ambiguity, minimizelitigation, establish clear legalstandards, and reduce burden.

Paperwork Reduction Act

This rule does not impose any newreporting or recordkeeping requirementssubject to the Paperwork Reduction Act,44 U.S.C. Chapter 35.

List of Subjects in 22 CFR 123

Arms and munitions, Exports,Reporting and recordkeepingrequirements.

Accordingly, for the reasons set forthabove, Title 22, Chapter I, SubchapterM, part 123, is amended as follows:

PART 123LICENSES FOR THEEXPORT OF DEFENSE ARTICLES

1. The authority citation for part 123is revised to read as follows:

Authority: Secs. 2, 38, and 71, Pub. L. 90629, 90 Stat. 744 (22 U.S.C. 2752, 2778,2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22U.S.C. 2776; Pub. L. 105261, 112 Stat. 1920;Sec. 1205(a), Pub. L. 107228; Sec. 520, Pub.L. 11255; Section 1261, Pub. L. 112239;E.O. 13637, 78 FR 16129.

2. Section 123.16 is amended byrevising paragraph (b)(6) to read asfollows:

123.16 Exemptions of generalapplicability.

* * * * *(b) * * *(6) For exemptions for firearms and

ammunition refer to 123.17 of thissubchapter.

* * * * * 3. Section 123.17 is amended byrevising paragraph (a) to read as follows:

123.17 Exports of firearms, ammunition,and personal protective gear.

(a) Port Directors of U.S. Customs andBorder Protection shall permit theexport without a license of:

mailto:[email protected]:[email protected]


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40632 Federal Register / Vol. 78, No. 130/ Monday, July 8, 2013 / Rules and Regulations

(1) Parts and components for USMLCategory I(a) firearms, except barrels,cylinders, receivers (frames), orcomplete breech mechanisms, when thetotal value does not exceed $100wholesale in any transaction, except toany of the countries or entities asprovided in 126.1 of this subchapter;

(2) Parts, components, accessories, orattachments for USML Category Ifirearms, except barrels, cylinders,receivers (frames), complete breechmechanisms, or fully automatic firearmsand parts and components for suchfirearms, when:

(i) The total value does not exceed$500 wholesale in any transaction;

(ii) The export is to Canada for end-use in Canada or return to the UnitedStates, or temporary import into theUnited States of Canadian-origin itemsand 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 thissubchapter, and the exporter is eligibleto export under this exemption,pursuant to 120.1(c) of thissubchapter; or

(3) Parts, components, accessories, orattachments for USML Category Ifirearms, including fully automaticfirearms and parts and components forsuch firearms, when:

(i) The total value does not exceed

$500 wholesale in any transaction;(ii) The export is to Canada for end-

use by the Canadian FederalGovernment, a Canadian ProvincialGovernment, or a Canadian MunicipalGovernment; and

(iii) The exporter makes a declarationvia the Automated Export System,pursuant to 123.22(a) of thissubchapter, and the exporter is eligibleto export under this exemption,pursuant to 120.1(c) of thissubchapter.

* * * * *

Rose E. Gottemoeller,

Acting Under Secretary, Arms Control andInternational Security, Department of State.

[FR Doc. 201316152 Filed 7513; 8:45 am]


DEPARTMENT OF HOMELANDSECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG20130554]

Drawbridge Operation Regulation;Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation fromdrawbridge regulations.

SUMMARY: The Commander, Fifth CoastGuard District, has issued a temporarydeviation from the operating schedulethat governs the US 70/Alfred C.Cunningham Bridge across the TrentRiver, mile 0.0, at New Bern, NC. Thedeviation allows the bridge draw spanto remain in the closed to navigationposition for one hour on two

consecutive days to accommodate theannual Bike Multiple Sclerosis: HistoricNew Bern Bike Ride.

DATES: This deviation is effective from8 a.m. to 9 a.m. on September 7, 2013and again from 8 a.m. to 9 a.m. onSeptember 8, 2013.

ADDRESSES: The docket for thisdeviation, [USCG20130554] isavailable at http://www.regulations.gov.Type the docket number in theSEARCH box and click SEARCH.Click on Open Docket Folder on the lineassociated with this deviation. You mayalso visit the Docket ManagementFacility in Room W12140 on theground floor of the Department ofTransportation West Building, 1200New Jersey Avenue SE., Washington,DC 20590, between 9 a.m. and 5 p.m.,Monday through Friday, except Federalholidays.

FOR FURTHER INFORMATION CONTACT: Ifyou have questions on this temporarydeviation, call or email Mrs. JessicaShea, Bridge Management Specialist,Fifth Coast Guard District, telephone(757) 3986422. Email

[email protected] you havequestions on viewing the docket, callBarbara Hairston, Program Manager,Docket Operations, telephone (202)3669826.

SUPPLEMENTARY INFORMATION: The EventDirector for the Bike Multiple Sclerosis:Historic New Bern Bike Ride, withapproval from the North CarolinaDepartment of Transportation, owner ofthe drawbridge, has requested atemporary deviation from the currentoperating regulations set out in 33 CFR117.843(a) to accommodate a safepassage for cyclists during the Bike

Multiple Sclerosis: Historic New BernBike Ride.

The US 70/Alfred C. CunninghamBridge across the Trent River, mile 0.0,a double bascule lift Bridge, in NewBern, NC, has a vertical clearance in theclosed position of 14 feet, above meanhigh water. Under the normal operatingschedule, the US 70/Alfred C.

Cunningham Bridge would open onsignal during this timeframe. However,under this temporary deviation, thedrawbridge will be allowed to remain inthe closed-to-navigation position from 8a.m. to 9 a.m. on Saturday, September7, 2013 and from 8 a.m. to 9 a.m. onSunday, September 8, 2013 toaccommodate the Bike MultipleSclerosis: Historic New Bern Bike Ride.

Vessels able to pass under the closedspan may do so. Mariners are advised toproceed with caution. The Coast Guardwill inform users of the waterwaythrough our local and broadcast Notices

to Mariners of the limited operatingschedule for the drawbridge so thatvessels can arrange their transits tominimize any impacts caused by thetemporary deviation. There are noalternate routes for vessels and the

bridge will be able to open in the eventof an emergency.

In accordance with 33 CFR 117.35(e),the drawbridge must return to its regularoperating schedule immediately at theend of the designated time period.

This deviation from the operatingregulations is authorized under 33 CFR117.35.

Dated: June 20, 2013.Waverly W. Gregory, Jr.,

Bridge Program Manager, Fifth Coast GuardDistrict.

[FR Doc. 201316250 Filed 7513; 8:45 am]


DEPARTMENT OF HOMELANDSECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG20130539]

RIN 1625AA00

Safety Zone; Venetian Fireworks;Kalamazoo Lake, Saugatuck, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard isestablishing a temporary safety zone onKalamazoo Lake in Saugatuck, MI. Thissafety zone is intended to restrictvessels from a portion of KalamazooLake due to a fireworks display. This

http://www.regulations.gov/mailto:[email protected]:[email protected]://www.regulations.gov/

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ITAR Canadian Firearms Components Exemption Amendment