Identification Markings Placed on Firearm Silencers and Firearm Mufflers, 26764-26767 [2016-10382]
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Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
to the Chief Counsel for Advocacy of the
Small Business Administration for
comment on their impact on small
business.
Comments and Requests for Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
comments that are submitted timely to
the IRS as prescribed in this preamble
under the ADDRESSES heading. The
Treasury Department and the IRS
request comments on all aspects of the
proposed rules. All comments will be
available at www.regulations.gov or
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Drafting Information
List of Subjects in 26 CFR Part 301
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 301 is
proposed to be amended as follows:
PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7701–2 is
amended by revising paragraphs
(c)(2)(iv)(C)(2) and adding paragraph
(e)(8)(i) to read as follows:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
■
Business entities; definitions
*
*
*
*
*
(c) * * *
(2) * * *
(iv) * * *
(C) * * *
(2) [The text of the proposed
amendment to § 301.7701–
2(c)(2)(iv)(C)(2) is the same as the text
of § 301.7701–2T(c)(2)(iv)(C)(2)
18:03 May 03, 2016
[FR Doc. 2016–10384 Filed 5–3–16; 8:45 am]
BILLING CODE 4830–01–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Parts 478 and 479
[Docket No. ATF 29P]
Shermaine Kenner, Office of Regulatory
Affairs, Enforcement Programs and
Services, Bureau of Alcohol, Tobacco,
Firearms, and Explosives, U.S.
Department of Justice, 99 New York
Avenue NE., Washington, DC 20226;
telephone: (202) 648–7070.
Jkt 238001
SUPPLEMENTARY INFORMATION:
Identification Markings Placed on
Firearm Silencers and Firearm Mufflers
I. Background
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
The Department of Justice is
considering amending the regulations of
the Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF) to
require licensed manufacturers, licensed
importers, and nonlicensed makers to
place identification markings on the
outer tube of firearm silencers and
firearm mufflers. The Department
wishes to gather information and
comments from the public and industry
concerning whether or not the
regulations should be amended.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before August
2, 2016. Commenters should be aware
that the electronic Federal Docket
Management System will not accept
comments after Midnight Eastern Time
on the last day of the comment period.
ADDRESSES: You may submit comments,
identified by docket number (ATF 29P),
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 648–9741.
• Mail: Shermaine Kenner, Mailstop
6N–518, Office of Regulatory Affairs,
Enforcement Programs and Services,
Bureau of Alcohol, Tobacco, Firearms,
and Explosives, 99 New York Avenue
SUMMARY:
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and
recordingkeeping requirements.
VerDate Sep<11>2014
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
NE., Washington, DC 20226: ATTN:
ATF29P.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to the Federal
eRulemaking portal, https://
www.regulations.gov, including any
personal information provided. 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.
RIN 1140–AA33
The principal author of these
regulations is Andrew Holubeck of the
Office of the Division Counsel/Associate
Chief Counsel (Tax Exempt and
Government Entities). However, other
personnel from the IRS and the Treasury
Department participated in their
development.
§ 301.7701–2
published elsewhere in this issue of the
Federal Register].
*
*
*
*
*
(e) * * *
(8)(i) [ The text of the proposed
amendments to § 301.7701–2(e)(8)(i) is
the same as the text of § 301.7701–
2T(e)(8)(i) published elsewhere in this
issue of the Federal Register].
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Section 923(i) of the Gun Control Act
of 1968 (GCA), as amended (18 U.S.C.
chapter 44), requires licensed importers
and licensed manufacturers to identify,
by means of a serial number, each
firearm imported or manufactured by
such importer or manufacturer. The
serial number must be engraved or cast
on the receiver or frame of the weapon
in such manner as the Attorney General
prescribes by regulation. As defined in
section 921(a)(3) of the GCA, the term
‘‘firearm’’ includes any firearm muffler
or firearm silencer. The terms ‘‘firearm
silencer’’ and ‘‘firearm muffler’’ are also
defined in section 921(a)(24), as follows:
[A]ny device for silencing, muffling, or
diminishing the report of a portable firearm,
including any combination of parts, designed
or redesigned, and intended for use in
assembling or fabricating a firearm silencer or
firearm muffler, and any part intended only
for use in such assembly or fabrication.
With respect to certain firearms
subject to the National Firearms Act
(NFA) (26 U.S.C. chapter 53) (e.g.,
machine guns, any silencer (as defined
in section 921(a)(24) of the GCA)), 26
U.S.C. 5842(a) requires each
manufacturer and importer and anyone
making a firearm to identify by a serial
number each firearm manufactured,
imported, or made. The serial number
may not be readily removed, obliterated,
or altered. Section 5842(a) also requires
the firearm to be identified by the name
of the manufacturer, importer, or maker,
and such other identification as the
Attorney General may prescribe by
regulation.
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Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
Regulations that implement 18 U.S.C.
923(i) are set forth in 27 CFR 478.92. In
general, § 478.92(a)(1)(i) requires
licensed manufacturers and licensed
importers of firearms to legibly identify
each firearm manufactured or imported
by engraving, casting, stamping
(impressing), or otherwise
conspicuously placing on the frame or
receiver an individual serial number.
The serial number must be placed in a
manner not susceptible of being readily
obliterated, altered, or removed and
must not duplicate any serial number
placed by a licensed importer or
manufacturer on any other firearm. For
firearms manufactured or imported on
and after January 30, 2002, the
engraving, casting, or stamping
(impressing) of the serial number must
be to a minimum depth of .003 inch and
in a print size no smaller than 1⁄16 inch.
In addition, § 478.92(a)(1)(ii) requires
licensed manufacturers and licensed
importers to conspicuously place
additional identification markings on
the frame, receiver, or barrel of each
firearm imported or manufactured in a
manner not susceptible of being readily
obliterated, altered, or removed. For
firearms manufactured or imported on
and after January 30, 2002, the
engraving, casting, or stamping
(impressing) of this information must be
to a minimum depth of .003 inch. The
additional information includes:
1. The model, if such designation has
been made;
2. The caliber or gauge;
3. The name of the licensed
manufacturer or licensed importer (or
recognized abbreviation) and, when
applicable, the name of the foreign
manufacturer;
4. In the case of a domestically made
firearm, the city and State (or
recognized abbreviation thereof) where
the licensed manufacturer maintains his
place of business; and
5. In the case of an imported firearm,
the name of the country in which it was
manufactured and the city and State (or
recognized abbreviation thereof) where
the licensed importer maintains his
place of business.
The same marking requirements apply
to manufacturers, importers or makers
of NFA firearms pursuant to 27 CFR
479.102(a).
The current regulations do not specify
the placement of required identification
markings on firearm silencers and
firearm mufflers. However, ATF has
provided the industry with some
guidance on this issue. In its
‘‘Frequently Asked Questions—
Silencers,’’ dated April 17, 2008, ATF
stated the following:
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18:03 May 03, 2016
Jkt 238001
The silencer must be marked in accordance
with 27 CFR 478.92 and 479.102. The
regulations require that the markings be
conspicuous and legible, meaning that the
markings may be placed on any external part,
such as the outer tube or end cap. ATF
strongly recommends that manufacturers
place all required markings on the outer tube
of the silencer, as this is the accepted
industry standard. Moreover, this practice
eliminates the need to remark in the event an
end cap bearing the markings is damaged and
requires replacement.
II. National Firearms Act Trade and
Collectors Association Petition
On April 27, 2008, ATF received a
petition filed on behalf of the National
Firearms Act Trade and Collectors
Association (NFATCA). NFATCA is a
trade group representing the firearms
and import community. Some of its
members primarily manufacture,
transport, and possess silencers for
lawful use.
Although in its April 2008 guidance
ATF recommended that manufacturers
place all required markings on the outer
tube of the silencer, it stated that the
required markings could also be placed
on any external part of the silencer,
including the end cap, provided the
required markings are conspicuous and
legible. According to the petitioner, the
industry’s response to ATF’s guidance
was not favorable:
There has been an overwhelmingly
negative response from the members of our
trade to this particular guidance . . . there is
strong policy agreement between ATF and
our trade that only the silencer [outer] tube
should be marked in accordance with the
marking requirements of Parts 478 and 479
of Title 27 of the Code of Federal
Regulations. . . . Allowing end caps to be the
possible marking location for silencers does
constitute a serious public safety issue in the
areas of diversion, tracing, and evasion of
other NFA rules.
In addition, the petitioner stated that
‘‘[w]e have also been further advised
that the Bureau does not see how they
would be able to take any adverse legal
action against a person or entity that
should decide to mark the end caps of
a silencer without promulgating a
change in the regulations.’’
Accordingly, the petitioner requested
that the relevant regulations be
amended to require that a silencer be
marked on the outer tube (as opposed to
other locations), unless a variance is
granted by the Director on a case-bycase basis for good cause. ATF finds that
the petitioner has raised valid concerns
and it believes that an amendment of
the regulations is warranted. Therefore,
based upon the statutory language and
the facts as outlined below, ATF seeks
to address the marking requirements of
silencers to ensure that the serial
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numbers are placed on the part of the
silencer that is least likely to be
destroyed or removed, and therefore
most likely to ensure that law
enforcement are able to identify and
trace a particular firearm silencer or
firearm muffler.
III. Discussion
ATF is requesting information from
industry members, trade associations,
consumers, and all other interested
parties to determine whether to require
placement of identification markings on
the outer tube of firearm silencers and
firearm mufflers. Along with industry
members, ATF considers the term
‘‘outer tube’’ to mean the largest
external part of a silencer and is that
portion of a silencer which encapsulates
all components of the silencing unit and
which contains and controls the
expansion of the escaping gases.
As indicated, placing all required
markings on the outer tube of a
completed firearm silencer or firearm
muffler is the accepted industry
standard. In addition, requiring
identification markings to be placed on
a single part provides consistency of
markings throughout the industry and
eliminates the need to remark a device
in the event an end cap bearing the
markings is damaged and requires
replacement. If a silencer is not aligned
with the barrel, the end cap might be
damaged when a projectile passes
through it. Outer tubes are rarely
damaged in this way. Such damage
often requires replacement of the end
cap. Further, end caps are often
removable so that processors may access
the internal components within the
silencer. Permitting serialization of a
removable and fungible component may
facilitate trafficking or illegal transfer of
silencers by permitting registrants to use
the serialized end cap of a registered
silencer with an otherwise unregistered
silencer.
Although ATF is soliciting comments
on the following specific questions, it is
also requesting any relevant information
on the subject.
1. What percentage of manufacturers
mark the end cap? If an outer tube is
present, why do manufacturers mark the
end cap instead of the outer tube of the
silencer?
2. If there is an additional cost (fixed
or variable) between marking the end
cap instead of the outer tube, how
would ATF estimate such costs across
the entire industry?
3. Are there other parts or locations
where the markings may be placed and
still meet the requirements? If so,
where?
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Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
4. Are there silencer designs for a
completed device for which marking the
outer tube would be impossible? If so,
what are those designs?
5. When there are multiple outer
tubes that make up one complete
device, how should they be marked?
IV. Statutory and Executive Order
Review
This advance notice of proposed
rulemaking (ANPRM) 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(b), General
Principles of Regulation.
The Department of Justice has
determined that this ANPRM is a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f), and
accordingly this ANPRM has been
reviewed by the Office of Management
and Budget. However, this action does
not propose or impose any
requirements. The ANPRM is being
published to seek information from the
public about the feasibility of marking
silencer tubes.
Furthermore, the requirements of
section 603 of the Regulatory Flexibility
Act do not apply to this action because,
at this stage, it is an ANPRM and not a
‘‘rule’’ as defined in section 601 of the
Regulatory Flexibility Act. Following
review of the comments received in
response to this ANPRM, if ATF
promulgates a notice or notices of
proposed rulemaking regarding this
matter, ATF will conduct all analyses
required by the Regulatory Flexibility
Act, Executive Order 12866, and any
other statutes or Executive Orders
relevant to those rules and in effect at
the time of promulgation.
Public Participation
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A. Comments Sought
ATF requests comments on this
ANPRM from all interested persons.
ATF specifically requests comments on
the clarity of this ANPRM and how easy
it is to understand. Additional
comments are sought on the costs or
benefits of the proposal in this ANPRM
and on the appropriate methodology
and data for calculating those costs and
benefits.
All comments must reference the
docket number (ATF 29P), be legible,
and include the commenter’s complete
first and last name and full mailing
address. ATF will not consider, or
respond to, comments that do not meet
these requirements or comments
VerDate Sep<11>2014
18:03 May 03, 2016
Jkt 238001
containing profanity. In addition, if ATF
cannot read your comment due to
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, and will give
comments received after that date the
same consideration if it is practical to
do so, but assurance of consideration
cannot be given except as to comments
received on or before the closing date.
ATF will not acknowledge receipt of
comments.
B. Confidentiality
ATF will make all comments meeting
the requirements of this section
available for public viewing at ATF and
on the Internet as part of the
eRulemaking initiative, and subject to
the Freedom of Information Act. ATF
will not redact personal identifying
information that appears within the
comment and it will appear on the
Internet.
The commenter should not include
material that is considered confidential
or inappropriate for disclosure to the
public. Any person submitting a
comment containing confidential
material shall specifically designate that
portion of the comment that contains
material that is confidential under law
(e.g., trade secrets, processes). The
commenter shall place any portion of a
comment that is confidential under law
on pages separate from the balance of
the comment with each page
prominently marked ‘‘confidential’’ at
the top of the page.
Confidential information will be
included in the rulemaking
administrative record but will not be
disclosed to the public. Any comments
containing material that is not
confidential under law may be disclosed
to the public. In any event, a
commenter’s full first and last name and
complete mailing address are not
exempt from disclosure.
C. Submitting Comments
Submit comments in any of three
ways (but do not submit the same
comments multiple times or by more
than one method).
• Federal eRulemaking Portal: We
strongly recommend that you submit
your comments to ATF via the Federal
eRulemaking portal. Visit https://
www.regulations.gov and follow the
instructions for submitting comments.
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
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several weeks. Please keep the comment
tracking number that regulations.gov
provides 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 (.17 inches), include the
commenter’s complete first and last
name and full mailing address, be
signed, and may be of any length.
• Facsimile: Submit comments by
facsimile transmission to (202) 648–
9741. Faxed comments must:
(1) Be legible and appear in minimum
12-point font size (.17 inches);
(2) Be on 81⁄2″ x 11″ paper;
(3) Be signed and contain the
commenter’s complete first and last
name and full mailing address; and
(4) Be no more than five pages long.
D. Request for Hearing
Any interested person who desires an
opportunity to comment orally at a
public hearing should submit his or her
request, in writing, to the Director of
ATF within the 90-day comment period.
The Director, however, reserves the
right to determine, in light of all
circumstances, whether a public hearing
is necessary.
Disclosure
Copies of the petition, this advance
notice, and the comments received will
be available at https://
www.regulations.gov (search for Docket
No. ATF 29P) and for public inspection
by appointment during normal business
hours at: ATF Reading Room, Room 1E–
063, 99 New York Avenue NE.,
Washington, DC 20226; telephone: (202)
648–8740.
Drafting Information
The author of this document is
Shermaine Kenner, Office of Regulatory
Affairs, Enforcement Programs and
Service; Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
List of Subjects
27 CFR Part 478
Administrative practice and
procedure, Arms and munitions,
Customs duties and inspection, Exports,
Imports, Intergovernmental relations,
Law enforcement officers, Military
personnel, Penalties, Reporting and
recordkeeping requirements, Research,
Seizures and forfeitures, Transportation.
27 CFR Part 479
Administrative practice and
procedure, Arms and munitions,
Customs duties and inspection, Excise
taxes, Exports, Imports, Military
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Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules
personnel, Penalties, Reporting and
recordkeeping requirements, Seizures
and forfeitures, Transportation.
telephone 216–902–6052, email
Mark.D.Bobal@uscg.mil.
SUPPLEMENTARY INFORMATION:
Authority and Issuance
I. Table of Abbreviations
This notice is issued under the
authority of 5 U.S.C. 552(a); 18 U.S.C.
847, 921–931; and 44 U.S.C. 3504(h).
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Dated: April 28, 2016.
Thomas E. Brandon,
Deputy Director.
[FR Doc. 2016–10382 Filed 5–3–16; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0267]
RIN 1625–AA00
Safety Zone; Tall Ships Challenge
Great Lakes 2016, Fairport Harbor, OH,
Bay City, MI, Chicago, IL, Green Bay,
WI, Duluth, MN, Erie, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
create safety zones around each tall ship
visiting the Great Lakes during the Tall
Ships Challenge 2016 race series. These
safety zones will provide for the
regulation of vessel traffic in the vicinity
of each tall ship in the navigable waters
of the United States. The Coast Guard is
taking this action to safeguard
participants and spectators from the
hazards associated with the limited
maneuverability of these tall ships and
to ensure public safety during tall ships
events. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 3, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0267 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mark Bobal,
Ninth District Inspections and
Investigations Branch, Passenger Vessel
Safety Specialist, U.S. Coast Guard;
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
18:03 May 03, 2016
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II. Background, Purpose, and Legal
Basis
During the Tall Ships Challenge Great
Lakes 2016, tall ships will be
participating in parades and then
mooring in the harbors of Fairport
Harbor, OH, Bay City, MI, Chicago, IL,
Green Bay, WI, Duluth, MN, and Erie,
PA. This is a tri-annual event that
teaches character building and
leadership through sail training. The
Tall Ships event seeks to educate the
public about both the historical aspects
of sailing ships as well as their current
use as training vessels for students. Tall
ships are large, traditionally-rigged
sailing vessels. The event will consist of
festivals at each port of call, sail training
cruises, tall ship parades, and races
between the ports. More information
regarding the Tall Ships Challenge 2016
and the participating vessels can be
found at https://www.sailtraining.org/
tallships/2016greatlakes/
TSC2016index.php.
At 12:01 a.m. July 6, 2016, a safety
zone will be established around each
tall ship participating in this event. The
safety zone around each ship will
remain in effect as the tall ships travel
throughout the Great Lakes. The safety
zones will terminate at 12:01 a.m. on
September 12, 2016.
These safety zones are necessary to
protect the tall ships from potential
harm and to protect the public from the
hazards associated with the limited
maneuverability of tall sailing ships.
When operating under sail they require
a substantial crew to manually turn the
rudder and adjust the sails, therefore
they cannot react as quickly as modern
ships. Additionally, during parades of
sail the tall ships will be following a set
course through a crowded harbor, it is
imperative that spectator craft stay clear
since maneuvering the tall ships to
avoid large crowds of spectator craft
would not be possible. Due to the high
profile nature and extensive publicity
associated with this event, each Captain
of the Port (COTP) expects a large
number of spectators in confined areas
adjacent to the tall ships. The
combination of large numbers of
recreational boaters, congested
waterways, boaters crossing
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commercially transited waterways and
low maneuverability of the tall ships
could easily result in serious injuries or
fatalities. Therefore, the Coast Guard
will enforce a safety zone around each
ship to ensure the safety of both
participants and spectators in these
areas. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish
safety zones from 12:01 a.m. on July 6,
2016 until 12:01 a.m. on September 12,
2016. The safety zones would cover all
navigable waters within 100 yards of a
tall ship in the Great Lakes. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters during the 2016 Tall
Ships Challenge. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. If the tall ships are
operating in a confined area such as a
small harbor and there is not adequate
room for vessels to stay out of the safety
zone because of a lack of navigable
water, then vessels will be permitted to
operate within the safety zone and shall
travel at the minimum speed necessary
to maintain a safe course. The
navigation rules shall apply at all times
within the safety zone. The regulatory
text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct 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 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
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]]>Agencies
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26764-26767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10382]
=======================================================================
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 478 and 479
[Docket No. ATF 29P]
RIN 1140-AA33
Identification Markings Placed on Firearm Silencers and Firearm
Mufflers
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Department of Justice is considering amending the
regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) to require licensed manufacturers, licensed importers, and
nonlicensed makers to place identification markings on the outer tube
of firearm silencers and firearm mufflers. The Department wishes to
gather information and comments from the public and industry concerning
whether or not the regulations should be amended.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before August 2, 2016. Commenters should be aware
that the electronic Federal Docket Management System will not accept
comments after Midnight Eastern Time on the last day of the comment
period.
ADDRESSES: You may submit comments, identified by docket number (ATF
29P), by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 648-9741.
Mail: Shermaine Kenner, Mailstop 6N-518, Office of
Regulatory Affairs, Enforcement Programs and Services, Bureau of
Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue NE.,
Washington, DC 20226: ATTN: ATF29P.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to the Federal eRulemaking portal, https://www.regulations.gov, including any personal information provided. 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.
FOR FURTHER INFORMATION CONTACT: Shermaine Kenner, Office of Regulatory
Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco,
Firearms, and Explosives, U.S. Department of Justice, 99 New York
Avenue NE., Washington, DC 20226; telephone: (202) 648-7070.
SUPPLEMENTARY INFORMATION:
I. Background
Section 923(i) of the Gun Control Act of 1968 (GCA), as amended (18
U.S.C. chapter 44), requires licensed importers and licensed
manufacturers to identify, by means of a serial number, each firearm
imported or manufactured by such importer or manufacturer. The serial
number must be engraved or cast on the receiver or frame of the weapon
in such manner as the Attorney General prescribes by regulation. As
defined in section 921(a)(3) of the GCA, the term ``firearm'' includes
any firearm muffler or firearm silencer. The terms ``firearm silencer''
and ``firearm muffler'' are also defined in section 921(a)(24), as
follows:
[A]ny device for silencing, muffling, or diminishing the report
of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a
firearm silencer or firearm muffler, and any part intended only for
use in such assembly or fabrication.
With respect to certain firearms subject to the National Firearms
Act (NFA) (26 U.S.C. chapter 53) (e.g., machine guns, any silencer (as
defined in section 921(a)(24) of the GCA)), 26 U.S.C. 5842(a) requires
each manufacturer and importer and anyone making a firearm to identify
by a serial number each firearm manufactured, imported, or made. The
serial number may not be readily removed, obliterated, or altered.
Section 5842(a) also requires the firearm to be identified by the name
of the manufacturer, importer, or maker, and such other identification
as the Attorney General may prescribe by regulation.
[[Page 26765]]
Regulations that implement 18 U.S.C. 923(i) are set forth in 27 CFR
478.92. In general, Sec. 478.92(a)(1)(i) requires licensed
manufacturers and licensed importers of firearms to legibly identify
each firearm manufactured or imported by engraving, casting, stamping
(impressing), or otherwise conspicuously placing on the frame or
receiver an individual serial number. The serial number must be placed
in a manner not susceptible of being readily obliterated, altered, or
removed and must not duplicate any serial number placed by a licensed
importer or manufacturer on any other firearm. For firearms
manufactured or imported on and after January 30, 2002, the engraving,
casting, or stamping (impressing) of the serial number must be to a
minimum depth of .003 inch and in a print size no smaller than \1/16\
inch.
In addition, Sec. 478.92(a)(1)(ii) requires licensed manufacturers
and licensed importers to conspicuously place additional identification
markings on the frame, receiver, or barrel of each firearm imported or
manufactured in a manner not susceptible of being readily obliterated,
altered, or removed. For firearms manufactured or imported on and after
January 30, 2002, the engraving, casting, or stamping (impressing) of
this information must be to a minimum depth of .003 inch. The
additional information includes:
1. The model, if such designation has been made;
2. The caliber or gauge;
3. The name of the licensed manufacturer or licensed importer (or
recognized abbreviation) and, when applicable, the name of the foreign
manufacturer;
4. In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where the licensed manufacturer
maintains his place of business; and
5. In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where the licensed importer maintains his place
of business.
The same marking requirements apply to manufacturers, importers or
makers of NFA firearms pursuant to 27 CFR 479.102(a).
The current regulations do not specify the placement of required
identification markings on firearm silencers and firearm mufflers.
However, ATF has provided the industry with some guidance on this
issue. In its ``Frequently Asked Questions--Silencers,'' dated April
17, 2008, ATF stated the following:
The silencer must be marked in accordance with 27 CFR 478.92 and
479.102. The regulations require that the markings be conspicuous
and legible, meaning that the markings may be placed on any external
part, such as the outer tube or end cap. ATF strongly recommends
that manufacturers place all required markings on the outer tube of
the silencer, as this is the accepted industry standard. Moreover,
this practice eliminates the need to remark in the event an end cap
bearing the markings is damaged and requires replacement.
II. National Firearms Act Trade and Collectors Association Petition
On April 27, 2008, ATF received a petition filed on behalf of the
National Firearms Act Trade and Collectors Association (NFATCA). NFATCA
is a trade group representing the firearms and import community. Some
of its members primarily manufacture, transport, and possess silencers
for lawful use.
Although in its April 2008 guidance ATF recommended that
manufacturers place all required markings on the outer tube of the
silencer, it stated that the required markings could also be placed on
any external part of the silencer, including the end cap, provided the
required markings are conspicuous and legible. According to the
petitioner, the industry's response to ATF's guidance was not
favorable:
There has been an overwhelmingly negative response from the
members of our trade to this particular guidance . . . there is
strong policy agreement between ATF and our trade that only the
silencer [outer] tube should be marked in accordance with the
marking requirements of Parts 478 and 479 of Title 27 of the Code of
Federal Regulations. . . . Allowing end caps to be the possible
marking location for silencers does constitute a serious public
safety issue in the areas of diversion, tracing, and evasion of
other NFA rules.
In addition, the petitioner stated that ``[w]e have also been
further advised that the Bureau does not see how they would be able to
take any adverse legal action against a person or entity that should
decide to mark the end caps of a silencer without promulgating a change
in the regulations.''
Accordingly, the petitioner requested that the relevant regulations
be amended to require that a silencer be marked on the outer tube (as
opposed to other locations), unless a variance is granted by the
Director on a case-by-case basis for good cause. ATF finds that the
petitioner has raised valid concerns and it believes that an amendment
of the regulations is warranted. Therefore, based upon the statutory
language and the facts as outlined below, ATF seeks to address the
marking requirements of silencers to ensure that the serial numbers are
placed on the part of the silencer that is least likely to be destroyed
or removed, and therefore most likely to ensure that law enforcement
are able to identify and trace a particular firearm silencer or firearm
muffler.
III. Discussion
ATF is requesting information from industry members, trade
associations, consumers, and all other interested parties to determine
whether to require placement of identification markings on the outer
tube of firearm silencers and firearm mufflers. Along with industry
members, ATF considers the term ``outer tube'' to mean the largest
external part of a silencer and is that portion of a silencer which
encapsulates all components of the silencing unit and which contains
and controls the expansion of the escaping gases.
As indicated, placing all required markings on the outer tube of a
completed firearm silencer or firearm muffler is the accepted industry
standard. In addition, requiring identification markings to be placed
on a single part provides consistency of markings throughout the
industry and eliminates the need to remark a device in the event an end
cap bearing the markings is damaged and requires replacement. If a
silencer is not aligned with the barrel, the end cap might be damaged
when a projectile passes through it. Outer tubes are rarely damaged in
this way. Such damage often requires replacement of the end cap.
Further, end caps are often removable so that processors may access the
internal components within the silencer. Permitting serialization of a
removable and fungible component may facilitate trafficking or illegal
transfer of silencers by permitting registrants to use the serialized
end cap of a registered silencer with an otherwise unregistered
silencer.
Although ATF is soliciting comments on the following specific
questions, it is also requesting any relevant information on the
subject.
1. What percentage of manufacturers mark the end cap? If an outer
tube is present, why do manufacturers mark the end cap instead of the
outer tube of the silencer?
2. If there is an additional cost (fixed or variable) between
marking the end cap instead of the outer tube, how would ATF estimate
such costs across the entire industry?
3. Are there other parts or locations where the markings may be
placed and still meet the requirements? If so, where?
[[Page 26766]]
4. Are there silencer designs for a completed device for which
marking the outer tube would be impossible? If so, what are those
designs?
5. When there are multiple outer tubes that make up one complete
device, how should they be marked?
IV. Statutory and Executive Order Review
This advance notice of proposed rulemaking (ANPRM) 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(b), General Principles of Regulation.
The Department of Justice has determined that this ANPRM is a
``significant regulatory action'' under Executive Order 12866, section
3(f), and accordingly this ANPRM has been reviewed by the Office of
Management and Budget. However, this action does not propose or impose
any requirements. The ANPRM is being published to seek information from
the public about the feasibility of marking silencer tubes.
Furthermore, the requirements of section 603 of the Regulatory
Flexibility Act do not apply to this action because, at this stage, it
is an ANPRM and not a ``rule'' as defined in section 601 of the
Regulatory Flexibility Act. Following review of the comments received
in response to this ANPRM, if ATF promulgates a notice or notices of
proposed rulemaking regarding this matter, ATF will conduct all
analyses required by the Regulatory Flexibility Act, Executive Order
12866, and any other statutes or Executive Orders relevant to those
rules and in effect at the time of promulgation.
Public Participation
A. Comments Sought
ATF requests comments on this ANPRM from all interested persons.
ATF specifically requests comments on the clarity of this ANPRM and how
easy it is to understand. Additional comments are sought on the costs
or benefits of the proposal in this ANPRM and on the appropriate
methodology and data for calculating those costs and benefits.
All comments must reference the docket number (ATF 29P), be
legible, and include the commenter's complete first and last name and
full mailing address. ATF will not consider, or respond to, comments
that do not meet these requirements or comments containing profanity.
In addition, if ATF cannot read your comment due to 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, and will give comments received after
that date the same consideration if it is practical to do so, but
assurance of consideration cannot be given except as to comments
received on or before the closing date.
ATF will not acknowledge receipt of comments.
B. Confidentiality
ATF will make all comments meeting the requirements of this section
available for public viewing at ATF and on the Internet as part of the
eRulemaking initiative, and subject to the Freedom of Information Act.
ATF will not redact personal identifying information that appears
within the comment and it will appear on the Internet.
The commenter should not include material that is considered
confidential or inappropriate for disclosure to the public. Any person
submitting a comment containing confidential material shall
specifically designate that portion of the comment that contains
material that is confidential under law (e.g., trade secrets,
processes). The commenter shall place any portion of a comment that is
confidential under law on pages separate from the balance of the
comment with each page prominently marked ``confidential'' at the top
of the page.
Confidential information will be included in the rulemaking
administrative record but will not be disclosed to the public. Any
comments containing material that is not confidential under law may be
disclosed to the public. In any event, a commenter's full first and
last name and complete mailing address are not exempt from disclosure.
C. Submitting Comments
Submit comments in any of three ways (but do not submit the same
comments multiple times or by more than one method).
Federal eRulemaking Portal: We strongly recommend that you
submit your comments to ATF via the Federal eRulemaking portal. Visit
https://www.regulations.gov and follow the instructions for submitting
comments. 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 regulations.gov
provides 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 (.17 inches), include the commenter's
complete first and last name and full mailing address, be signed, and
may be of any length.
Facsimile: Submit comments by facsimile transmission to
(202) 648-9741. Faxed comments must:
(1) Be legible and appear in minimum 12-point font size (.17
inches);
(2) Be on 8\1/2\'' x 11'' paper;
(3) Be signed and contain the commenter's complete first and last
name and full mailing address; and
(4) Be no more than five pages long.
D. Request for Hearing
Any interested person who desires an opportunity to comment orally
at a public hearing should submit his or her request, in writing, to
the Director of ATF within the 90-day comment period. The Director,
however, reserves the right to determine, in light of all
circumstances, whether a public hearing is necessary.
Disclosure
Copies of the petition, this advance notice, and the comments
received will be available at https://www.regulations.gov (search for
Docket No. ATF 29P) and for public inspection by appointment during
normal business hours at: ATF Reading Room, Room 1E-063, 99 New York
Avenue NE., Washington, DC 20226; telephone: (202) 648-8740.
Drafting Information
The author of this document is Shermaine Kenner, Office of
Regulatory Affairs, Enforcement Programs and Service; Bureau of
Alcohol, Tobacco, Firearms, and Explosives.
List of Subjects
27 CFR Part 478
Administrative practice and procedure, Arms and munitions, Customs
duties and inspection, Exports, Imports, Intergovernmental relations,
Law enforcement officers, Military personnel, Penalties, Reporting and
recordkeeping requirements, Research, Seizures and forfeitures,
Transportation.
27 CFR Part 479
Administrative practice and procedure, Arms and munitions, Customs
duties and inspection, Excise taxes, Exports, Imports, Military
[[Page 26767]]
personnel, Penalties, Reporting and recordkeeping requirements,
Seizures and forfeitures, Transportation.
Authority and Issuance
This notice is issued under the authority of 5 U.S.C. 552(a); 18
U.S.C. 847, 921-931; and 44 U.S.C. 3504(h).
Dated: April 28, 2016.
Thomas E. Brandon,
Deputy Director.
[FR Doc. 2016-10382 Filed 5-3-16; 8:45 am]
BILLING CODE 4410-FY-P
