Importation of Arms, Ammunition and Implements of War and Machine Guns, Destructive Devices, and Certain Other Firearms; Extending the Term of Import Permits (2010R-26P), 7392-7396 [2014-02580]
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Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated as ‘‘not significant’’
under section 3(f) of Executive Order
12866.
Review Under the Regulatory Flexibility
Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
prepare an initial regulatory flexibility
analysis to be published at the time the
proposed rule is published. This
requirement does not apply if the
agency ‘‘certifies that the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities’’ (5 U.S.C. 603).
This rule removes one section from Title
14 of the CFR and, therefore, does not
have a significant economic impact on
a substantial number of small entities.
Review Under the Paperwork Reduction
Act
This direct final rule does not contain
any information collection requirements
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Subpart 1214.5 [Removed and
Reserved]
2. Subpart 1214.5, consisting of
§§ 1214.500 through 1214.505, is
removed and reserved.
■
Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2014–02591 Filed 2–6–14; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Parts 447 and 479
[Docket No. ATF 26F; AG Order No. 3417–
2014]
RIN 1140–AA42
Importation of Arms, Ammunition and
Implements of War and Machine Guns,
Destructive Devices, and Certain Other
Firearms; Extending the Term of
Import Permits (2010R–26P)
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Final rule.
AGENCY:
For reasons set forth in the preamble,
NASA amends 14 CFR part 1214 as
follows:
This rule amends the
regulations of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(ATF) to extend the standard term of
import permits for firearms,
ammunition, and defense articles from 1
year to 2 years. The additional time will
allow importers sufficient time to
complete the importation of the
authorized commodity. In addition, it
will eliminate the need for the importer
to submit a new import application,
ATF Form 6, where the importation was
not completed within the 1-year period.
Extending the term of import permits
will result in a substantial cost and time
savings for both the industry and ATF,
and will not cause any discernible
adverse effects. This rulemaking
proceeding is included in the
Department of Justice’s retrospective
review plan developed pursuant to
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review.’’
DATES: This rule is effective April 8,
2014.
PART 1214—SPACE FLIGHT
FOR FURTHER INFORMATION CONTACT:
Review Under Executive Order of 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) requires
regulations be reviewed for Federalism
effects on the institutional interest of
states and local governments, and, if the
effects are sufficiently substantial,
preparation of the Federal assessment is
required to assist senior policy makers.
The amendments will not have any
substantial direct effects on state and
local governments within the meaning
of the Executive Order. Therefore, no
Federalism assessment is required.
List of Subjects in 14 CFR Part 1214
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Safety, security.
1. The authority citation for part 1214
is revised to read as follows:
■
Authority: 51 U.S.C. 20113.
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SUMMARY:
Denise Brown, 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.
SUPPLEMENTARY INFORMATION:
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I. Background
The Attorney General is responsible
for enforcing the provisions of section
38 of the Arms Export Control Act of
1976 (AECA), 22 U.S.C. 2778, that relate
to the permanent importation of defense
articles and defense services; and the
National Firearms Act (NFA), 26 U.S.C.
Chapter 53, and the Gun Control Act of
1968 (GCA), 18 U.S.C. Chapter 44,
relating to commerce in firearms and
ammunition. The Attorney General has
delegated all of those responsibilities to
the Director of ATF (Director), subject to
the direction of the Attorney General
and the Deputy Attorney General. 28
CFR 0.130.
A. Importation of Arms, Ammunition,
and Implements of War (27 CFR Part
447)
Regulations that implement the
provisions of the AECA that are
concerned with the importation of arms,
ammunition, and implements of war are
set forth in 27 CFR Part 447. The
regulation at 27 CFR 447.41(a) generally
provides that articles on the U.S.
Munitions Import List may not be
imported into the United States except
pursuant to a permit. Section 447.42(a)
states that persons required to obtain a
permit must file with ATF an ATF Form
6—Part I (5330.3A), ‘‘Application and
Permit for Importation of Firearms,
Ammunition and Implements of War’’
(ATF Form 6). The application must be
signed and dated and must contain the
information requested on the form.
Section 447.43(a) provides that import
permits are valid for 1 year from their
issuance date unless a different period
of validity is stated thereon.
Furthermore, under section 447.43(b), if
shipment cannot be completed during
the period of validity of the permit,
another application must be submitted
for a permit to cover the unshipped
balance.
B. Importation of Machine Guns,
Destructive Devices, and Certain Other
Firearms Under the NFA (27 CFR Part
479)
Regulations that implement the
provisions of the NFA are set forth in 27
CFR Part 479, which contains the
procedural and substantive
requirements relative to the importation,
manufacture, making, exportation,
transfer, taxing, identification and
registration of, and the dealing in,
machine guns, destructive devices, and
certain other firearms. The regulation at
27 CFR 479.111(a) provides that no
firearm may be imported or brought into
the United States or any territory under
its control or jurisdiction unless the
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person importing or bringing in the
firearm establishes to the satisfaction of
the Director that the firearm to be
imported or brought in is being
imported or brought in for certain
specified purposes, e.g., scientific or
research purposes. This paragraph
further provides that any person
desiring to import or bring a firearm into
the United States must file with the
Director an application on ATF Form 6.
For NFA firearms, the approval of an
application to import a firearm shall be
automatically terminated at the
expiration of 1 year from the date of
approval unless, upon request, it is
further extended by the Director.
Section 479.113 provides that the
Director shall permit the conditional
importation of any NFA firearm for the
purpose of examining and testing to
determine whether the importation of
such firearm will be authorized. An
application under this section shall be
filed with the Director on ATF Form 6.
The Director may impose conditions
upon any importation, and the person
importing the firearm must agree to
either export or destroy the weapon if a
final determination is made that it may
not be imported.
C. Importation of Firearms and
Ammunition (27 CFR Part 478)
Regulations in Subpart G of part 478
provide the procedural and substantive
requirements of the GCA relative to the
importation of firearms and
ammunition. Section 478.112 states that
no firearm, firearm barrel, or
ammunition shall be imported or
brought into the United States by a
licensed importer unless the Director
has authorized the importation of the
firearm, firearm barrel, or ammunition.
This section further provides that the
licensed importer must file with the
Director an application for a permit,
ATF Form 6, to import or bring a
firearm, firearm barrel, or ammunition
into the United States. If the Director
approves the application, such
approved application will serve as the
permit to import the firearm, firearm
barrel, or ammunition described on the
permit, and importation of such
firearms, firearm barrels, or ammunition
may continue to be made by the
licensed importer under the approved
application (permit) during the period
specified on the permit.
Similar procedures are set forth in
section 478.113 with respect to the
importation of a firearm, firearm barrel,
or ammunition into the United States by
a licensee other than a licensed
importer.
Requirements for the conditional
importation of firearms, firearm barrels,
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and ammunition for the purpose of
examination and testing to determine
whether the Director will authorize their
importation are set forth in section
478.116. This section provides that an
application on ATF Form 6 for such
conditional importation must be filed
with the Director. If approved, the
Director may impose conditions on the
importation, and the person importing
the firearm, firearm barrel, or
ammunition must agree to either export
or destroy the imported item if it is
determined that the item may not be
imported.
II. FAIR Trade Group Petition
ATF received a petition, dated August
10, 2010, filed on behalf of the FireArms
Import-Export Roundtable (FAIR) Trade
Group. As stated in the petition, FAIR
is an organization that represents
importers and exporters of firearms,
ammunition, firearms parts, and
accessories. The petitioner requested an
amendment of the regulations to change
the ATF Form 6 period of validity from
1 year to 2 years. According to the
petitioner, this amendment would be
beneficial to both the industry and to
ATF, without having any impact on
public safety or compliance with the
law. As stated in the petition:
[E]xtending the period a license [permit] is
valid could reduce the workload for [ATF]
examiners by lowering the number of
renewals submitted to ATF and reduce the
uncertainty importers face when dealing with
long-lead time deals. [Many licensed and/or
registered importers import the same defense
articles year after year. ATF processes these
‘‘renewal’’ permits.] . . . Renewals of
existing permits are perfunctory processes
that consume the valuable resources of both
the industry and the ATF.
Increasing the term of an import
permit to 2 years would also result in an
economic benefit for ATF. Of the
approximately 11,000 ATF Form 6
import applications ATF processes each
year, 9,000 are submitted by an ATF
licensed or registered importer.
Subsequent information provided by the
petitioner estimates that the renewal
rate on import permits for industry
members is approximately 50 percent. If
the term of an import permit is changed
from 1 year to 2 years, ATF estimates
the number of import permit
applications submitted by licensed or
registered importers would be reduced
to 4,500 each year. ATF employs data
entry contractors who spend an average
of 2 hours completing quality review
and data entry functions for each import
application. The average salary of a
contractor is $14 per hour. ATF
examiners typically spend 4 hours
processing an ATF Form 6 application.
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The average hourly rate for an examiner
is $24.74. If the number of applications
was reduced to 4,500 each year, the
annual savings to ATF would be
approximately $571,320.
III. Proposed Rule
The Department determined that an
amendment of the regulations to extend
the term of import permits for firearms,
ammunition, and defense articles from 1
year to 2 years is warranted.
Accordingly, in order to reduce the
paperwork burden on the industry and
to increase the efficiency of ATF in
processing requests for importation, the
Department proposed to amend the
regulations in parts 447 and 479 to
increase the term of import permits from
1 year to 2 years (Notice No. ATF 43P,
Feb. 6, 2012, 77 FR 5735).
Because the regulations in part 478 do
not specify the period of validity for
import permits as 1 year, the
Department did not propose to amend
the regulations in part 478. The
regulations in part 478 provide that
importation may continue to be made by
the applicant during the period
specified on the approved application
(permit). As stated on the ATF Form 6,
the permit is valid for 12 months from
the Director’s approval date on the
permit. If the proposed regulations were
adopted, the ATF Form 6 would be
revised to reflect the amended period of
validity for importation as 2 years from
the Director’s approval date on the
permit.
The term of validity for import
permits filed by members of the United
States military returning to the United
States from abroad with firearms, and
for nonimmigrant aliens temporarily
importing firearms into the United
States for lawful hunting and sporting
purposes was not affected by the
proposed rule and would remain at 1
year. The comment period for Notice
No. ATF 43P closed on May 7, 2012.
IV. Analysis of Comments and
Department Responses
In response to Notice No. ATF 43P,
ATF received four comments. Two
commenters supported the proposed
rule and two commenters indicated
opposition to the proposed rule.
Comments Received in Support
One of the commenters, the National
Shooting Sports Foundation, Inc.
(NSSF), indicated support for the
proposed rule and stated that ‘‘[t]his
change would significantly benefit both
ATF and U.S. importers without
reducing ATF’s ability to administer the
27 CFR part 447 regulations and to
ensure that importers are in compliance
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with the law.’’ As stated in its comment,
NSSF is a trade association for
America’s firearms, ammunition,
hunting, and shooting sports industry.
Another commenter expressed
support for the proposed rule but raised
two concerns that he believed needed to
be addressed. The commenter’s first
concern involves the source of some of
the information presented in the
proposed rule:
Indeed, the Notice seems to admit that
certain information used in calculating the
reduction in import permits that would result
from the implementation of the new rule was
provided by the FAIR Trade Group. At the
same time however, ATF claims to have
researched and provided certain information.
This mix of sources may lead to the belief
that ATF has simply accepted the FAIR
Trade Group’s information, which, due to the
fact that FAIR is not an independent body,
could further lead to a belief that this rule is
rooted in bias. . . . ATF could easily
overcome any hints of bias by first
conducting its own research regarding the
renewal rate on import permits from
registered industry members and then
making that information available to the
public along with the Notice.
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The commenter’s second concern
involves safety, i.e., the proposed rule
‘‘offers no information as to what
ramifications this change will have in
regard to safety and national security.’’
According to the commenter, while
there are a number of conditions in the
proposed rule that could lead one to
conclude that safety and security are not
an issue, e.g., there are no proposed
changes to the information required on
ATF Form 6, ‘‘without any statement
from ATF, one is left to draw his or her
own conclusions.’’
Department Response to Comments in
Support
In the proposed rule, the Department
stated that information provided by the
petitioner indicates the renewal rate on
import permits for industry members is
approximately 50 percent. One
commenter expressed concern regarding
the source of this information, i.e., the
petitioner, and suggested that ATF
conduct its own research regarding the
renewal rate on import permits. As
stated in the proposed rule, ATF
processes approximately 11,000 ATF
Form 6 applications annually. Each
permit is entered into ATF’s database
system as a ‘‘new’’ application.
‘‘Renewals’’ are not entered into the
system as such. Accordingly, available
data does not permit ATF to conduct the
kind of independent research suggested
by this commenter. Nevertheless, ATF’s
experience in processing thousands of
ATF Form 6 applications every year
supports the conclusion that the
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petitioner’s estimate of a 50 percent
annual renewal rate is not unreasonable.
Moreover, even if that estimate is high
it does not undercut the value of this
rule. A renewal rate of even half of the
estimate (i.e., 25 percent) would still
produce substantial savings to both the
industry and ATF.
Regarding the commenter’s second
concern, ATF does not believe that
extending the term of import permits
from 1 year to 2 years will compromise
safety and national security. Most
annual ATF Form 6 applications
(roughly 9,000 of the approximately
11,000 applications) are filed by
federally licensed or registered
importers. Customs and Border
Protection (CBP) of the Department of
Homeland Security verifies the license/
registration and permit are still valid at
the time of importation. In addition,
Federal firearms licensees are subject to
periodic inspections by ATF industry
operations investigators who will have
access to the firearms in inventory and
any associated paperwork concerning
acquisition and disposition of these
firearms. The majority of these permit
applications are for sporting firearms
being imported into the United States.
These firearms do not require any
supporting documentation for import
nor are they subject to any additional
regulations beyond the license, permit,
and AECA registration requirements.
Imports of National Firearms Act
weapons represent a minority of the
import applications filed. NFA weapons
are generally not importable except
under very limited circumstances (i.e.
for the government) and those
restrictions would still be applicable.
Therefore, the concerns for public safety
and national security when extending
the term of import permits from 1 to 2
years is minimal.
The remaining 2,000 applications
represent imports of defense articles
that are not firearms or ammunition
(e.g., gas masks, engines for military
vehicles, aircraft fuselages). The
majority of these articles are not subject
to further regulation once in the United
States nor are they subject to
requirements beyond the ATF Form 6 at
the time of importation. For example, in
order to import a gas mask for resale, an
importer need only file the ATF Form
6 and be registered under the AECA.
There is no limit on the amount they
may import and they are not usually
restricted by State or local governments.
However, ATF may deny, suspend, or
revoke any import permit due to
violations of law. For the reasons
discussed above, ATF believes that
safety and security will not be
compromised by extending the validity
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period of a permit every 2 years instead
of each year. ATF also retains the
authority to revoke any approved permit
pursuant to any changes in the law,
interpretation of the law, or changes to
the regulations.
Comments Received in Opposition
One of the commenters questioned
the Department’s authority to issue
regulations without specific
congressional authorization. The second
commenter indicated opposition to
extending the term of import permits
from 1 year to 2 years:
I think the nature of the items being
shipped are of such gravity and danger that
it is necessary to have strict limits on
importation. If an importer would like to ship
these weapons or articles of war, they should
be subjected to a strict application standard
and validity period.
As an alternative, the commenter
suggests that the process for renewing
an application should be less
burdensome. According to the
commenter, ‘‘[t]his would provide for
the continuance of current rule, while
providing a less workload for both
parties. This would still decrease the
economic burden somewhat and
continue the policy of having standard
applications only valid for one year.’’
Department Response to Comments in
Opposition
Regarding ATF’s authority to issue
regulations, the Attorney General is
responsible for enforcing the provisions
of section 38 of the Arms Export Control
Act of 1976 (AECA), 22 U.S.C. 2778,
that relate to the permanent importation
of defense articles and defense services;
the National Firearms Act (NFA), 26
U.S.C. Chapter 53, and the Gun Control
Act of 1968 (GCA), 18 U.S.C. Chapter
44, relating to commerce in firearms and
ammunition. The Attorney General has
delegated responsibility for the
enforcement of these statutes to the
Director of ATF, subject to the direction
of the Attorney General and the Deputy
Attorney General. 28 CFR 0.130. This
rule is being promulgated by the
Attorney General, pursuant to authority
vested in him under those statutes.
The second commenter objected to
extending the term of import permits to
2 years, arguing that the nature of the
articles being imported warrants strict
limits on importation. While the
Department acknowledges the
commenter’s concern, it does not
believe that extending the term of
import permits from 1 year to 2 years
will have a negative effect on public
safety or national security. As stated in
the response above, most annual ATF
Form 6 applications are filed by
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federally licensed or registered
importers. Furthermore, all importers
are subject to periodic compliance
inspection by ATF. The majority of all
permit applications are for sporting
firearms being imported into the United
States, which do not require any
supporting documentation for import.
Therefore, ATF believes that a 2-year
permit lifespan will not undermine its
ability to ensure compliance with the
law and regulations, and that public
safety and national security will not be
compromised by allowing ATF to
review this supporting documentation
every 2 years instead of each year.
Rather than extending the term of an
import permit to 2 years, the same
commenter stated that ATF should
make the current import process less
burdensome. ATF continually evaluates
its regulatory processes to determine,
inter alia, whether they can be
streamlined or simplified without
undermining ATF’s regulatory
responsibilities. ATF believes that
extending the term of an import permit
to 2 years meets those criteria, and it
will continue to explore additional
opportunities to simplify the import
permit process.
V. Final Rule
This final rule adopts without
substantive change the proposed
amendments that extend the term of
import permits for firearms,
ammunition, and defense articles from 1
year to 2 years.
How This Document Complies With the
Federal Administrative Requirements
for Rulemaking
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A. Executive Orders 12866 and 13563
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ section 1(b), The Principles of
Regulation, and in accordance with
Executive Order 13563, ‘‘Improving
Regulation and Regulatory Review,’’
section 1, General Principles of
Regulation, and section 6, Retrospective
Analyses of Existing Rules. The
Department of Justice has determined
that this rule is not a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f).
Further, both Executive Orders 12866
and 13563 direct agencies to assess all
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
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emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
Department has assessed the costs and
benefits of this regulation and believes
that the regulatory approach selected
maximizes net benefits.
Executive Order 13563 section 6,
Retrospective Analyses of Existing
Rules, directs agencies to develop a plan
to review existing significant rules that
may be ‘‘outmoded, ineffective,
insufficient, or excessively
burdensome,’’ and to make appropriate
changes where warranted. The
Department selected and reviewed this
rule under the criteria set forth in its
Plan for Retrospective Analysis of
Existing Rules. During this review, ATF
calculated that it processes
approximately 11,000 import
applications each year. Approximately
82 percent of those applications (9,000)
are submitted by federally licensed or
registered importers. ATF estimates that
it takes a compliance officer employed
by a federally licensed or registered
importer approximately 30 minutes to
complete an ATF Form 6 permit
application. According to the
Occupational Employment Statistics
(May 2011), published by the Bureau of
Labor Statistics, U.S. Department of
Labor, the average hourly wage of a
compliance officer is $30.66. If the term
of an import permit was extended to 2
years, ATF estimates that the number of
ATF Form 6 permit applications
submitted by licensed or registered
importers will decrease, perhaps as
much as by half. Reducing the number
of permits submitted by the industry by
half (4,500) would result in an annual
savings of approximately $68,985.
Increasing the term of an import
permit to 2 years would also result in an
economic benefit for ATF. ATF employs
data entry contractors who spend an
average of 2 hours completing quality
review and data entry functions for each
import application. The average salary
of a contractor is $14 per hour. ATF
examiners typically spend 4 hours
processing an ATF Form 6 application.
The average hourly rate for an examiner
is $24.74. If the number of applications
submitted by the industry was reduced
to 4,500 each year, the annual savings
to ATF would be approximately
$571,320.
B. 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
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levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, ‘‘Federalism,’’ the
Attorney General has determined that
this regulation will 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. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 605(b)) requires an agency to
conduct a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. Small entities include small
businesses, small not-for-profit
enterprises, and small governmental
jurisdictions. The Attorney General has
reviewed this rule and, by approving it,
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
The Department believes that this rule
will have a positive economic impact on
both the industry and ATF. The number
of permits and the time required for
industry to file those permits and for
ATF to process them will be
significantly reduced.
An industry compliance officer
spends approximately 30 minutes
completing an ATF Form 6. According
to the Occupational Employment
Statistics (May 2011), published by the
Bureau of Labor Statistics, United States
Department of Labor, the average hourly
wage of a compliance officer is $30.66.
Reducing the number of permits
submitted by the industry by half
(4,500) would result in an annual
savings of approximately $68,985.
E. Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804. This
rule will not result in an annual effect
on the economy of $100 million or
more; a major increase in costs or prices;
or significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based enterprises to
compete with foreign-based enterprises
in domestic and export markets.
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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.
G. Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
under the Paperwork Reduction Act.
ATF Form 6 has been revised under
currently approved OMB control
number 1140–0005 to reflect the 2 year
(24 months) amended period of validity
for import permits.
Copies of the notice of proposed
rulemaking (NPRM), all comments
received in response to the NPRM, and
this final rule will be available for
public inspection by appointment
during normal business hours at: ATF
Reading Room, Room 1E–062, 99 New
York Avenue NE., Washington, DC
20226, telephone (202) 648–8740.
Drafting Information
The author of this document is Denise
Brown, Enforcement Programs and
Services, Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
List of Subjects
Authority: 22 U.S.C. 2778.
§ 447.43
[Amended]
2. In § 447.43, paragraph (a) is
amended by removing the phrase ‘‘one
year’’ and adding in its place the phrase
‘‘two years’’.
■
PART 479—MACHINE GUNS,
DESTRUCTIVE DEVICES, AND
CERTAIN OTHER FIREARMS
3. The authority citation for 27 CFR
part 479 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
§ 479.111
[Amended]
4. In § 479.111, paragraph (a) is
amended by removing the phrase ‘‘one
year’’ in the eighth sentence and adding
in its place the phrase ‘‘two years’’.
[FR Doc. 2014–02580 Filed 2–6–14; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Drawbridge Operation Regulation;
Three Mile Slough, Rio Vista, CA
Administrative practice and
procedure, Arms control, Arms and
munitions, Authority delegations,
Chemicals, Customs duties and
inspection, Imports, Penalties,
Reporting and recordkeeping
requirements, Scientific equipment,
Seizures and forfeitures.
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
Administrative practice and
procedure, Arms and munitions,
Authority delegations, Customs duties
and inspection, Exports, Imports,
Military personnel, Penalties, Reporting
and recordkeeping requirements,
Research, Seizures and forfeitures,
Transportation.
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, 27 CFR parts
447 and 479 are amended as follows:
Jkt 232001
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Hwy 160
drawbridge across Three Mile Slough,
mile 0.1, at Rio Vista, CA. The deviation
is necessary to allow California
Department of Transportation to replace
the steel deck of the bridge lift span.
This deviation allows the bridge to
remain in the closed-to-navigation
position during the deviation period.
DATES: This deviation is effective
without actual notice from February 7,
2014 until 5 a.m. on April 5, 2014. For
the purposes of enforcement, actual
notice will be used from 8 p.m. on
February 3, 2014, until February 7,
2014.
SUMMARY:
27 CFR Part 479
16:20 Feb 06, 2014
Dated: January 31, 2014.
Eric H. Holder, Jr.,
Attorney General.
[Docket No. USCG–2013–1025]
27 CFR Part 447
mstockstill on DSK4VPTVN1PROD with RULES
1. The authority citation for 27 CFR
part 447 continues to read as follows:
■
■
Disclosure
VerDate Mar<15>2010
PART 447—IMPORTATION OF ARMS,
AMMUNITION AND IMPLEMENTS OF
WAR
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
The docket for this
deviation, [USCG–2013–1025], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the Hwy 160 drawbridge,
mile 0.1, over Three Mile Slough at Rio
Vista, CA. The drawbridge navigation
span provides 12 feet vertical clearance
above Mean High Water in the closedto-navigation position. In accordance
with 33 CFR 117.5, the draw opens on
signal. Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the
closed-to-navigation position from 8
p.m. to 5 a.m., February 3, 2014 to April
5, 2014, to allow Caltrans to replace the
steel deck of the lift span. This
temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies from 8 p.m. to
5 a.m. during this deviation. The
confluence of the Sacramento and San
Joaquin rivers can be used as an
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
ADDRESSES:
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Rules and Regulations]
[Pages 7392-7396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02580]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 447 and 479
[Docket No. ATF 26F; AG Order No. 3417-2014]
RIN 1140-AA42
Importation of Arms, Ammunition and Implements of War and Machine
Guns, Destructive Devices, and Certain Other Firearms; Extending the
Term of Import Permits (2010R-26P)
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the regulations of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) to extend the standard term of
import permits for firearms, ammunition, and defense articles from 1
year to 2 years. The additional time will allow importers sufficient
time to complete the importation of the authorized commodity. In
addition, it will eliminate the need for the importer to submit a new
import application, ATF Form 6, where the importation was not completed
within the 1-year period. Extending the term of import permits will
result in a substantial cost and time savings for both the industry and
ATF, and will not cause any discernible adverse effects. This
rulemaking proceeding is included in the Department of Justice's
retrospective review plan developed pursuant to Executive Order 13563,
``Improving Regulation and Regulatory Review.''
DATES: This rule is effective April 8, 2014.
FOR FURTHER INFORMATION CONTACT: Denise Brown, 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.
SUPPLEMENTARY INFORMATION:
I. Background
The Attorney General is responsible for enforcing the provisions of
section 38 of the Arms Export Control Act of 1976 (AECA), 22 U.S.C.
2778, that relate to the permanent importation of defense articles and
defense services; and the National Firearms Act (NFA), 26 U.S.C.
Chapter 53, and the Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter
44, relating to commerce in firearms and ammunition. The Attorney
General has delegated all of those responsibilities to the Director of
ATF (Director), subject to the direction of the Attorney General and
the Deputy Attorney General. 28 CFR 0.130.
A. Importation of Arms, Ammunition, and Implements of War (27 CFR Part
447)
Regulations that implement the provisions of the AECA that are
concerned with the importation of arms, ammunition, and implements of
war are set forth in 27 CFR Part 447. The regulation at 27 CFR
447.41(a) generally provides that articles on the U.S. Munitions Import
List may not be imported into the United States except pursuant to a
permit. Section 447.42(a) states that persons required to obtain a
permit must file with ATF an ATF Form 6--Part I (5330.3A),
``Application and Permit for Importation of Firearms, Ammunition and
Implements of War'' (ATF Form 6). The application must be signed and
dated and must contain the information requested on the form.
Section 447.43(a) provides that import permits are valid for 1 year
from their issuance date unless a different period of validity is
stated thereon. Furthermore, under section 447.43(b), if shipment
cannot be completed during the period of validity of the permit,
another application must be submitted for a permit to cover the
unshipped balance.
B. Importation of Machine Guns, Destructive Devices, and Certain Other
Firearms Under the NFA (27 CFR Part 479)
Regulations that implement the provisions of the NFA are set forth
in 27 CFR Part 479, which contains the procedural and substantive
requirements relative to the importation, manufacture, making,
exportation, transfer, taxing, identification and registration of, and
the dealing in, machine guns, destructive devices, and certain other
firearms. The regulation at 27 CFR 479.111(a) provides that no firearm
may be imported or brought into the United States or any territory
under its control or jurisdiction unless the
[[Page 7393]]
person importing or bringing in the firearm establishes to the
satisfaction of the Director that the firearm to be imported or brought
in is being imported or brought in for certain specified purposes,
e.g., scientific or research purposes. This paragraph further provides
that any person desiring to import or bring a firearm into the United
States must file with the Director an application on ATF Form 6. For
NFA firearms, the approval of an application to import a firearm shall
be automatically terminated at the expiration of 1 year from the date
of approval unless, upon request, it is further extended by the
Director.
Section 479.113 provides that the Director shall permit the
conditional importation of any NFA firearm for the purpose of examining
and testing to determine whether the importation of such firearm will
be authorized. An application under this section shall be filed with
the Director on ATF Form 6. The Director may impose conditions upon any
importation, and the person importing the firearm must agree to either
export or destroy the weapon if a final determination is made that it
may not be imported.
C. Importation of Firearms and Ammunition (27 CFR Part 478)
Regulations in Subpart G of part 478 provide the procedural and
substantive requirements of the GCA relative to the importation of
firearms and ammunition. Section 478.112 states that no firearm,
firearm barrel, or ammunition shall be imported or brought into the
United States by a licensed importer unless the Director has authorized
the importation of the firearm, firearm barrel, or ammunition. This
section further provides that the licensed importer must file with the
Director an application for a permit, ATF Form 6, to import or bring a
firearm, firearm barrel, or ammunition into the United States. If the
Director approves the application, such approved application will serve
as the permit to import the firearm, firearm barrel, or ammunition
described on the permit, and importation of such firearms, firearm
barrels, or ammunition may continue to be made by the licensed importer
under the approved application (permit) during the period specified on
the permit.
Similar procedures are set forth in section 478.113 with respect to
the importation of a firearm, firearm barrel, or ammunition into the
United States by a licensee other than a licensed importer.
Requirements for the conditional importation of firearms, firearm
barrels, and ammunition for the purpose of examination and testing to
determine whether the Director will authorize their importation are set
forth in section 478.116. This section provides that an application on
ATF Form 6 for such conditional importation must be filed with the
Director. If approved, the Director may impose conditions on the
importation, and the person importing the firearm, firearm barrel, or
ammunition must agree to either export or destroy the imported item if
it is determined that the item may not be imported.
II. FAIR Trade Group Petition
ATF received a petition, dated August 10, 2010, filed on behalf of
the FireArms Import-Export Roundtable (FAIR) Trade Group. As stated in
the petition, FAIR is an organization that represents importers and
exporters of firearms, ammunition, firearms parts, and accessories. The
petitioner requested an amendment of the regulations to change the ATF
Form 6 period of validity from 1 year to 2 years. According to the
petitioner, this amendment would be beneficial to both the industry and
to ATF, without having any impact on public safety or compliance with
the law. As stated in the petition:
[E]xtending the period a license [permit] is valid could reduce
the workload for [ATF] examiners by lowering the number of renewals
submitted to ATF and reduce the uncertainty importers face when
dealing with long-lead time deals. [Many licensed and/or registered
importers import the same defense articles year after year. ATF
processes these ``renewal'' permits.] . . . Renewals of existing
permits are perfunctory processes that consume the valuable
resources of both the industry and the ATF.
Increasing the term of an import permit to 2 years would also
result in an economic benefit for ATF. Of the approximately 11,000 ATF
Form 6 import applications ATF processes each year, 9,000 are submitted
by an ATF licensed or registered importer. Subsequent information
provided by the petitioner estimates that the renewal rate on import
permits for industry members is approximately 50 percent. If the term
of an import permit is changed from 1 year to 2 years, ATF estimates
the number of import permit applications submitted by licensed or
registered importers would be reduced to 4,500 each year. ATF employs
data entry contractors who spend an average of 2 hours completing
quality review and data entry functions for each import application.
The average salary of a contractor is $14 per hour. ATF examiners
typically spend 4 hours processing an ATF Form 6 application. The
average hourly rate for an examiner is $24.74. If the number of
applications was reduced to 4,500 each year, the annual savings to ATF
would be approximately $571,320.
III. Proposed Rule
The Department determined that an amendment of the regulations to
extend the term of import permits for firearms, ammunition, and defense
articles from 1 year to 2 years is warranted. Accordingly, in order to
reduce the paperwork burden on the industry and to increase the
efficiency of ATF in processing requests for importation, the
Department proposed to amend the regulations in parts 447 and 479 to
increase the term of import permits from 1 year to 2 years (Notice No.
ATF 43P, Feb. 6, 2012, 77 FR 5735).
Because the regulations in part 478 do not specify the period of
validity for import permits as 1 year, the Department did not propose
to amend the regulations in part 478. The regulations in part 478
provide that importation may continue to be made by the applicant
during the period specified on the approved application (permit). As
stated on the ATF Form 6, the permit is valid for 12 months from the
Director's approval date on the permit. If the proposed regulations
were adopted, the ATF Form 6 would be revised to reflect the amended
period of validity for importation as 2 years from the Director's
approval date on the permit.
The term of validity for import permits filed by members of the
United States military returning to the United States from abroad with
firearms, and for nonimmigrant aliens temporarily importing firearms
into the United States for lawful hunting and sporting purposes was not
affected by the proposed rule and would remain at 1 year. The comment
period for Notice No. ATF 43P closed on May 7, 2012.
IV. Analysis of Comments and Department Responses
In response to Notice No. ATF 43P, ATF received four comments. Two
commenters supported the proposed rule and two commenters indicated
opposition to the proposed rule.
Comments Received in Support
One of the commenters, the National Shooting Sports Foundation,
Inc. (NSSF), indicated support for the proposed rule and stated that
``[t]his change would significantly benefit both ATF and U.S. importers
without reducing ATF's ability to administer the 27 CFR part 447
regulations and to ensure that importers are in compliance
[[Page 7394]]
with the law.'' As stated in its comment, NSSF is a trade association
for America's firearms, ammunition, hunting, and shooting sports
industry.
Another commenter expressed support for the proposed rule but
raised two concerns that he believed needed to be addressed. The
commenter's first concern involves the source of some of the
information presented in the proposed rule:
Indeed, the Notice seems to admit that certain information used
in calculating the reduction in import permits that would result
from the implementation of the new rule was provided by the FAIR
Trade Group. At the same time however, ATF claims to have researched
and provided certain information. This mix of sources may lead to
the belief that ATF has simply accepted the FAIR Trade Group's
information, which, due to the fact that FAIR is not an independent
body, could further lead to a belief that this rule is rooted in
bias. . . . ATF could easily overcome any hints of bias by first
conducting its own research regarding the renewal rate on import
permits from registered industry members and then making that
information available to the public along with the Notice.
The commenter's second concern involves safety, i.e., the proposed
rule ``offers no information as to what ramifications this change will
have in regard to safety and national security.'' According to the
commenter, while there are a number of conditions in the proposed rule
that could lead one to conclude that safety and security are not an
issue, e.g., there are no proposed changes to the information required
on ATF Form 6, ``without any statement from ATF, one is left to draw
his or her own conclusions.''
Department Response to Comments in Support
In the proposed rule, the Department stated that information
provided by the petitioner indicates the renewal rate on import permits
for industry members is approximately 50 percent. One commenter
expressed concern regarding the source of this information, i.e., the
petitioner, and suggested that ATF conduct its own research regarding
the renewal rate on import permits. As stated in the proposed rule, ATF
processes approximately 11,000 ATF Form 6 applications annually. Each
permit is entered into ATF's database system as a ``new'' application.
``Renewals'' are not entered into the system as such. Accordingly,
available data does not permit ATF to conduct the kind of independent
research suggested by this commenter. Nevertheless, ATF's experience in
processing thousands of ATF Form 6 applications every year supports the
conclusion that the petitioner's estimate of a 50 percent annual
renewal rate is not unreasonable. Moreover, even if that estimate is
high it does not undercut the value of this rule. A renewal rate of
even half of the estimate (i.e., 25 percent) would still produce
substantial savings to both the industry and ATF.
Regarding the commenter's second concern, ATF does not believe that
extending the term of import permits from 1 year to 2 years will
compromise safety and national security. Most annual ATF Form 6
applications (roughly 9,000 of the approximately 11,000 applications)
are filed by federally licensed or registered importers. Customs and
Border Protection (CBP) of the Department of Homeland Security verifies
the license/registration and permit are still valid at the time of
importation. In addition, Federal firearms licensees are subject to
periodic inspections by ATF industry operations investigators who will
have access to the firearms in inventory and any associated paperwork
concerning acquisition and disposition of these firearms. The majority
of these permit applications are for sporting firearms being imported
into the United States. These firearms do not require any supporting
documentation for import nor are they subject to any additional
regulations beyond the license, permit, and AECA registration
requirements. Imports of National Firearms Act weapons represent a
minority of the import applications filed. NFA weapons are generally
not importable except under very limited circumstances (i.e. for the
government) and those restrictions would still be applicable.
Therefore, the concerns for public safety and national security when
extending the term of import permits from 1 to 2 years is minimal.
The remaining 2,000 applications represent imports of defense
articles that are not firearms or ammunition (e.g., gas masks, engines
for military vehicles, aircraft fuselages). The majority of these
articles are not subject to further regulation once in the United
States nor are they subject to requirements beyond the ATF Form 6 at
the time of importation. For example, in order to import a gas mask for
resale, an importer need only file the ATF Form 6 and be registered
under the AECA. There is no limit on the amount they may import and
they are not usually restricted by State or local governments. However,
ATF may deny, suspend, or revoke any import permit due to violations of
law. For the reasons discussed above, ATF believes that safety and
security will not be compromised by extending the validity period of a
permit every 2 years instead of each year. ATF also retains the
authority to revoke any approved permit pursuant to any changes in the
law, interpretation of the law, or changes to the regulations.
Comments Received in Opposition
One of the commenters questioned the Department's authority to
issue regulations without specific congressional authorization. The
second commenter indicated opposition to extending the term of import
permits from 1 year to 2 years:
I think the nature of the items being shipped are of such
gravity and danger that it is necessary to have strict limits on
importation. If an importer would like to ship these weapons or
articles of war, they should be subjected to a strict application
standard and validity period.
As an alternative, the commenter suggests that the process for renewing
an application should be less burdensome. According to the commenter,
``[t]his would provide for the continuance of current rule, while
providing a less workload for both parties. This would still decrease
the economic burden somewhat and continue the policy of having standard
applications only valid for one year.''
Department Response to Comments in Opposition
Regarding ATF's authority to issue regulations, the Attorney
General is responsible for enforcing the provisions of section 38 of
the Arms Export Control Act of 1976 (AECA), 22 U.S.C. 2778, that relate
to the permanent importation of defense articles and defense services;
the National Firearms Act (NFA), 26 U.S.C. Chapter 53, and the Gun
Control Act of 1968 (GCA), 18 U.S.C. Chapter 44, relating to commerce
in firearms and ammunition. The Attorney General has delegated
responsibility for the enforcement of these statutes to the Director of
ATF, subject to the direction of the Attorney General and the Deputy
Attorney General. 28 CFR 0.130. This rule is being promulgated by the
Attorney General, pursuant to authority vested in him under those
statutes.
The second commenter objected to extending the term of import
permits to 2 years, arguing that the nature of the articles being
imported warrants strict limits on importation. While the Department
acknowledges the commenter's concern, it does not believe that
extending the term of import permits from 1 year to 2 years will have a
negative effect on public safety or national security. As stated in the
response above, most annual ATF Form 6 applications are filed by
[[Page 7395]]
federally licensed or registered importers. Furthermore, all importers
are subject to periodic compliance inspection by ATF. The majority of
all permit applications are for sporting firearms being imported into
the United States, which do not require any supporting documentation
for import. Therefore, ATF believes that a 2-year permit lifespan will
not undermine its ability to ensure compliance with the law and
regulations, and that public safety and national security will not be
compromised by allowing ATF to review this supporting documentation
every 2 years instead of each year.
Rather than extending the term of an import permit to 2 years, the
same commenter stated that ATF should make the current import process
less burdensome. ATF continually evaluates its regulatory processes to
determine, inter alia, whether they can be streamlined or simplified
without undermining ATF's regulatory responsibilities. ATF believes
that extending the term of an import permit to 2 years meets those
criteria, and it will continue to explore additional opportunities to
simplify the import permit process.
V. Final Rule
This final rule adopts without substantive change the proposed
amendments that extend the term of import permits for firearms,
ammunition, and defense articles from 1 year to 2 years.
How This Document Complies With the Federal Administrative Requirements
for Rulemaking
A. Executive Orders 12866 and 13563
This rule has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), The Principles of Regulation, and in accordance with Executive
Order 13563, ``Improving Regulation and Regulatory Review,'' section 1,
General Principles of Regulation, and section 6, Retrospective Analyses
of Existing Rules. The Department of Justice has determined that this
rule is not a ``significant regulatory action'' under Executive Order
12866, section 3(f).
Further, both Executive Orders 12866 and 13563 direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. The Department has assessed the costs and
benefits of this regulation and believes that the regulatory approach
selected maximizes net benefits.
Executive Order 13563 section 6, Retrospective Analyses of Existing
Rules, directs agencies to develop a plan to review existing
significant rules that may be ``outmoded, ineffective, insufficient, or
excessively burdensome,'' and to make appropriate changes where
warranted. The Department selected and reviewed this rule under the
criteria set forth in its Plan for Retrospective Analysis of Existing
Rules. During this review, ATF calculated that it processes
approximately 11,000 import applications each year. Approximately 82
percent of those applications (9,000) are submitted by federally
licensed or registered importers. ATF estimates that it takes a
compliance officer employed by a federally licensed or registered
importer approximately 30 minutes to complete an ATF Form 6 permit
application. According to the Occupational Employment Statistics (May
2011), published by the Bureau of Labor Statistics, U.S. Department of
Labor, the average hourly wage of a compliance officer is $30.66. If
the term of an import permit was extended to 2 years, ATF estimates
that the number of ATF Form 6 permit applications submitted by licensed
or registered importers will decrease, perhaps as much as by half.
Reducing the number of permits submitted by the industry by half
(4,500) would result in an annual savings of approximately $68,985.
Increasing the term of an import permit to 2 years would also
result in an economic benefit for ATF. ATF employs data entry
contractors who spend an average of 2 hours completing quality review
and data entry functions for each import application. The average
salary of a contractor is $14 per hour. ATF examiners typically spend 4
hours processing an ATF Form 6 application. The average hourly rate for
an examiner is $24.74. If the number of applications submitted by the
industry was reduced to 4,500 each year, the annual savings to ATF
would be approximately $571,320.
B. 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 Attorney General has
determined that this regulation will 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. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 605(b)) requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. The Attorney General has reviewed this rule and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
The Department believes that this rule will have a positive
economic impact on both the industry and ATF. The number of permits and
the time required for industry to file those permits and for ATF to
process them will be significantly reduced.
An industry compliance officer spends approximately 30 minutes
completing an ATF Form 6. According to the Occupational Employment
Statistics (May 2011), published by the Bureau of Labor Statistics,
United States Department of Labor, the average hourly wage of a
compliance officer is $30.66. Reducing the number of permits submitted
by the industry by half (4,500) would result in an annual savings of
approximately $68,985.
E. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.
[[Page 7396]]
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.
G. Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements under the Paperwork Reduction Act. ATF Form 6 has been
revised under currently approved OMB control number 1140-0005 to
reflect the 2 year (24 months) amended period of validity for import
permits.
Disclosure
Copies of the notice of proposed rulemaking (NPRM), all comments
received in response to the NPRM, and this final rule will be available
for public inspection by appointment during normal business hours at:
ATF Reading Room, Room 1E-062, 99 New York Avenue NE., Washington, DC
20226, telephone (202) 648-8740.
Drafting Information
The author of this document is Denise Brown, Enforcement Programs
and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives.
List of Subjects
27 CFR Part 447
Administrative practice and procedure, Arms control, Arms and
munitions, Authority delegations, Chemicals, Customs duties and
inspection, Imports, Penalties, Reporting and recordkeeping
requirements, Scientific equipment, Seizures and forfeitures.
27 CFR Part 479
Administrative practice and procedure, Arms and munitions,
Authority delegations, Customs duties and inspection, Exports, Imports,
Military personnel, Penalties, Reporting and recordkeeping
requirements, Research, Seizures and forfeitures, Transportation.
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, 27 CFR
parts 447 and 479 are amended 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.
Sec. 447.43 [Amended]
0
2. In Sec. 447.43, paragraph (a) is amended by removing the phrase
``one year'' and adding in its place the phrase ``two years''.
PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
0
3. The authority citation for 27 CFR part 479 continues to read as
follows:
Authority: 26 U.S.C. 7805.
Sec. 479.111 [Amended]
0
4. In Sec. 479.111, paragraph (a) is amended by removing the phrase
``one year'' in the eighth sentence and adding in its place the phrase
``two years''.
Dated: January 31, 2014.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2014-02580 Filed 2-6-14; 8:45 am]
BILLING CODE 4410-FY-P
