Commerce in Firearms and Explosives; Secure Gun Storage, Amended Definition of Antique Firearm, and Miscellaneous Amendments, 33448-33453 [2016-12364]
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
regulations being amended.59 The
actions proposed here fall within this
categorical exclusion in the
Commission’s regulations.
V. Regulatory Flexibility Act
46. The Regulatory Flexibility Act of
1980 (RFA) 60 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. As shown in
the information collection section, the
proposed Reliability Standard applies to
105 entities. Comparison of the
applicable entities with the
Commission’s small business data
indicates that approximately 23 61 are
small business entities.62 Of these, the
Commission estimates that
approximately five percent, or one of
these 23 small entities, will be affected
by the new requirements of the
proposed Reliability Standard.
47. The Commission estimates that
the small entities affected by proposed
Reliability Standard BAL–002–2 will
incur an annual compliance cost of up
to $20,355 (i.e., the cost of developing,
and maintaining annually operating
process and operating plans), resulting
in a cost of approximately $885 per
balancing authority and/or reserve
sharing group. These costs represent an
estimate of the costs a small entity could
incur if the entity is identified as an
applicable entity. The Commission does
not consider the estimated cost per
small entity to have a significant
economic impact on a substantial
number of small entities. Accordingly,
the Commission certifies that this NOPR
will not have a significant economic
impact on a substantial number of small
entities.
VI. Comment Procedures
48. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due July 25, 2016.
Comments must refer to Docket No.
59 18
CFR 380.4(a)(2)(ii).
U.S.C. 601–612.
61 21.73 percent of the total number of affected
entities.
62 The Small Business Administration sets the
threshold for what constitutes a small business.
Public utilities may fall under one of several
different categories, each with a size threshold
based on the company’s number of employees,
including affiliates, the parent company, and
subsidiaries. For the analysis in this Final Rule, we
are using a 500 employee threshold for each
affected entity. Each entity is classified as Electric
Bulk Power Transmission and Control (NAICS code
221121).
jstallworth on DSK7TPTVN1PROD with PROPOSALS
60 5
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RM16–7–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
49. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
50. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
51. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VII. Document Availability
52. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
53. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number of this
document, excluding the last three
digits, in the docket number field.
54. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
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Issued: May 19, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016–12428 Filed 5–25–16; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Part 478
[Docket No. ATF 24P; AG Order No. 3672–
2016]
RIN 1140–AA10
Commerce in Firearms and
Explosives; Secure Gun Storage,
Amended Definition of Antique
Firearm, and Miscellaneous
Amendments
Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of Justice
(DOJ) proposes amending the
regulations of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(ATF), largely to codify into regulation
certain provisions of Public Law 105–
277, Omnibus Consolidated and
Emergency Supplemental
Appropriations Act, 1999. The proposed
rule would amend ATF’s regulations to
account for the existing statutory
requirement for applicants for firearms
dealer licenses to certify that secure gun
storage or safety devices will be
available at any place where firearms
are sold under the license to
nonlicensed individuals. This
certification is already included in the
ATF Form 7, Application for Federal
Firearms License. The proposed
regulation would also require applicants
for manufacturer or importer licenses to
complete the certification if the licensee
will have premises where firearms are
sold to nonlicensees. Moreover, the
proposed regulation would require that
the secure gun storage or safety device
be compatible with the firearms offered
for sale by the licensee. Finally, it also
would conform the definitions of certain
terms to the statutory language set forth
in the Omnibus Consolidated and
Emergency Supplemental
Appropriations Act of 1999, including
the definition of ‘‘antique firearm,’’
which would be amended to include
certain modern muzzle loading firearms.
DATES: Written comments must be
postmarked and electronic comments
must be submitted on or before August
SUMMARY:
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
24, 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: Send comments to any of
the following addresses—
• George M. Fodor, Mailstop 6.N–523,
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; ATTN: ATF
24P. Written comments may be of any
length and must appear in a minimum
12-point type (.17 inches), include a
complete mailing address, and be
signed.
• 202–648–9741 (facsimile).
• https://www.regulations.gov. Federal
eRulemaking portal; follow the
instructions for submitting comments.
You may also view an electronic
version of this proposed rule at the
https://www.regulations.gov site.
See the Public Participation section at
the end of the SUPPLEMENTARY
INFORMATION section for instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
FOR FURTHER INFORMATION CONTACT:
George M. Fodor, 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:
Background
jstallworth on DSK7TPTVN1PROD with PROPOSALS
On October 21, 1998, Public Law 105–
277 (112 Stat. 2681), the Omnibus
Consolidated and Emergency
Supplemental Appropriations Act, 1999
(the Act), was enacted. Among other
things, the Act amended the Gun
Control Act of 1968 (GCA), as amended
(18 U.S.C. Chapter 44). Some of the GCA
amendments made by the Act and the
proposed regulation changes
implementing the law are as follows1:
1 This proposed rule does not implement the
Child Safety Lock Act of 2005 (CSLA), enacted as
part of Public Law 109–92 (119 Stat. 2095), the
Protection of Lawful Commerce in Arms Act. The
CSLA amended the GCA by adding a new
subsection, 18 U.S.C. 922(z), that makes it unlawful
for any licensed importer, licensed manufacturer, or
licensed dealer to sell, deliver, or transfer any
handgun to any person not licensed under 18 U.S.C.
Chapter 44, unless the transferee (buyer) is
provided with a secure gun storage or safety device
for that handgun. A number of exceptions are
provided to this requirement, including transfers of
handguns to law enforcement agencies and law
enforcement officers and transfers of handguns
classified as curios or relics.
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(1) Secure Gun Storage. The Act
amended subsection 923(d)(1) of the
GCA (18 U.S.C. 923(d)(1)) to require
that, with certain exceptions, applicants
for firearm dealer licenses certify the
availability of secure gun storage or
safety devices at any place where
firearms are sold under the license to
nonlicensees. 18 U.S.C. 923(d)(1)(G).
ATF interprets this provision as
requiring secure gun storage or safety
devices to be compatible with the
firearms offered for sale by the licensee.
Therefore, applicants are required to
certify the availability of compatible
secure gun storage or safety devices at
any place where firearms are sold under
the license to nonlicensees. The
certification requirement does not apply
where a secure gun storage or safety
device is temporarily unavailable
because of theft, casualty loss, consumer
sales, backorders from a manufacturer,
or any other similar reason beyond the
control of the licensee. Id. The
Department proposes to add a new
section 27 CFR 478.104 to specify the
terms of the certification requirement.
ATF interprets the certification
requirement to apply to applicants for
importer or manufacturer licenses if the
licensee will have premises where
firearms are sold to nonlicensees.
Federal regulations provide that a
licensed importer or a licensed
manufacturer may engage in the
business on the licensed premises as a
dealer in the same type of firearms
authorized by the license to be imported
or manufactured. 27 CFR 478.41(b). As
such, an applicant for an importer or
manufacturer license who will be
engaged in the business as a dealer and
have premises where firearms are sold
to nonlicensees will be required to
complete the certification.
In addition, the Act amended
subsection 923(e) of the GCA (18 U.S.C.
923(e)) to provide that the Attorney
General may revoke the license of any
federal firearms licensee who fails to
have secure gun storage or safety
devices available at any place where
firearms are sold under the license to
nonlicensees, subject to the same
exceptions noted above. The
Department proposes to amend 27 CFR
478.73 to codify into regulation this
provision of the law.
The Act defined the term ‘‘secure gun
storage or safety device’’ in 18 U.S.C.
921(a)(34) to mean: (1) A device that,
when installed on a firearm, is designed
to prevent the firearm from being
operated without first deactivating the
device; (2) a device incorporated into
the design of the firearm that is
designed to prevent the operation of the
firearm by anyone not having access to
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the device; or (3) a safe, gun safe, gun
case, lock box, or other device that is
designed to be or can be used to store
a firearm and that is designed to be
unlocked only by means of a key, a
combination, or other similar means.
The Department proposes to amend 27
CFR 478.11 by adding a definition for
the term ‘‘secure gun storage or safety
device’’ that tracks the language in the
statute.
An uncodified provision of the Act
provides that ‘‘[n]otwithstanding any
other provision of law, evidence
regarding compliance or noncompliance
[with the secure gun storage or safety
device requirement] shall not be
admissible as evidence in any
proceeding of any court, agency, board,
or other entity.’’ Public Law 105–277
sec. 119, reprinted in 18 U.S.C. 923
note. ATF construes this section as
applying to civil liability actions against
dealers and other similar actions, and
not to proceedings associated with
license denials or revocations (or
appeals in federal court from decisions
in such proceedings) involving
noncompliance with the secure gun
storage or safety device requirement of
the GCA. A basic tenet of statutory
construction is that each provision in a
law is intended to have some effect. To
interpret this provision as applying to
license denial and revocation
proceedings would result in the
amendments to sections 923(d)(1) and
(e) having no effective enforcement
mechanism. To give meaning to the
secure gun storage or safety device
requirement and the authorization for
the revocation of a license if the federal
firearm licensee fails to have secure gun
storage or safety devices available, ATF
reads this evidentiary limitation as not
applying to license denial and
revocation proceedings.
The provisions of the Act relating to
secure gun storage became effective
April 19, 1999.
(2) Definition of Antique Firearm. The
Act also amended the definition of
‘‘antique firearm’’ in the GCA to include
certain modern muzzle loading firearms.
Specifically, section 115 of the Act
amended the definition of ‘‘antique
firearm’’ in subsection 921(a)(16) to
include a weapon that is a muzzle
loading rifle, muzzle loading shotgun, or
muzzle loading pistol; that is designed
to use black powder or a black powder
substitute; and that cannot use fixed
ammunition. The term expressly does
not include any weapon that
incorporates a firearm frame or receiver;
any firearm converted into a muzzleloading weapon; or any muzzle-loading
weapon that can be readily converted to
fire fixed ammunition by replacing the
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
barrel, bolt, breechblock, or any
combination thereof. See 18 U.S.C.
921(a)(16)(C).
The provisions of the Act relating to
antique firearms became effective upon
the date of enactment, October 21, 1998.
The Department proposes to amend
27 CFR 478.11 to reflect the definition
of the term ‘‘antique firearm’’ set forth
in the Act.
(3) Miscellaneous Amendments. Prior
to amendment by the Act, the term
‘‘rifle’’ was defined in the GCA to mean
‘‘a weapon designed or redesigned,
made or remade, and intended to be
fired from the shoulder and designed or
redesigned and made or remade to use
the energy of the explosive in a fixed
metallic cartridge to fire only a single
projectile through a rifled bore for each
single pull of the trigger.’’ 18 U.S.C.
921(a)(7) (1994). The Act amended the
definition of ‘‘rifle’’ by replacing the
words ‘‘the explosive in a fixed metallic
cartridge’’ with ‘‘an explosive.’’
Prior to amendment by the Act, the
term ‘‘shotgun’’ was defined in the GCA
to mean ‘‘a weapon designed or
redesigned, made or remade, and
intended to be fired from the shoulder
and designed or redesigned and made or
remade to use the energy of the
explosive in a fixed shotgun shell to fire
through a smooth bore either a number
of ball shot or a single projectile for each
single pull of the trigger.’’ 18 U.S.C.
921(a)(5) (1994). The Act amended the
definition of ‘‘shotgun’’ by replacing the
words ‘‘the explosive in a fixed shotgun
shell’’ with ‘‘an explosive.’’
The provisions of the Act relating to
the miscellaneous amendments also
became effective upon the date of
enactment, October 21, 1998.
The Department proposes to amend
27 CFR 478.11 to reflect the definitions
of the terms ‘‘rifle’’ and ‘‘shotgun’’ set
forth in the Act.
How This Document Complies With the
Federal Administrative Requirements
for Rulemaking
jstallworth on DSK7TPTVN1PROD with PROPOSALS
A. Executive Orders 12866 and 13563—
Regulatory Planning and Review
This proposed regulation 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 has determined that
this proposed rule is a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 and,
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accordingly, this proposed rule has been
reviewed by the Office of Management
and Budget. However, this proposed
rule will not have an annual effect on
the economy of $100 million, nor will
it adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health, or safety, or
State, local, or tribal governments or
communities. Accordingly, this
proposed rule is not an ‘‘economically
significant’’ rulemaking under Executive
Order 12866.
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 economic effects associated with
this proposed rule are attributable to the
statutory requirement that went into
effect in 1999 that applicants for federal
firearms licenses must certify that, with
certain exceptions, secure gun storage or
safety devices will be available at any
place where firearms are sold under the
license to nonlicensees. The proposed
rule does not impose additional costs on
the licensed dealer beyond what is
already required by statute. However,
the proposed rule would extend this
certification requirement to
manufacturers or importers who have
premises from which firearms are sold
to nonlicensees. The additional costs
imposed on these manufacturers and
importers is, however, likely to be
minimal.
The rule proposes that the licensed
dealer, or licensed manufacturer or
importer having premises where
firearms are sold to nonlicensees, must
certify that they will make available
firearms safety locks or secure gun
storage devices that will be compatible
with each type of firearm that the
licensee sells. One measure of the cost
of these proposed safety device
requirements—requirements that, as
noted, already are required by statute for
licensed dealers—is the opportunity
cost of licensees making secure gun
storage and safety devices available
instead of not stocking them or stocking
other products that might have a higher
profit margin or that consumers may
prefer more. The opportunity cost
would be measured as the foregone
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profit that could be earned by licensees
in the absence of the requirement.
ATF lacks data to reliably estimate
this opportunity cost. For example, ATF
is not aware of any data sources on the
number or share of licensees that would
not make gun storage or safety devices
available absent the statutory
requirement, the number and types of
gun storage or safety devices that
licensees would need to make available
in order to comply with the statutory
requirement, or the products that
licensees would have made available
absent the requirement. ATF seeks
information from the public on data and
methods for estimating the opportunity
cost of this requirement.
Although ATF lacks data to reliably
estimate the opportunity cost of the safe
storage requirement, it is worth noting
that a number of factors may affect the
number of secure gun storage or safety
devices that an individual licensee must
supply on his premises and the overall
cost to licensees of purchasing the
required devices. First, dealers,
manufacturers, and importers may be
able to recover the cost of purchasing
secure gun storage or safety devices
through the sale of those products to
their customers. Second, many of the
secure gun storage or firearm safety
devices are compatible with numerous
firearms. Therefore, one secure gun
storage or safety device will be able
satisfy the requirement for all firearms
that are compatible with that secure gun
storage or safety device. Third, because
safety devices, such as trigger locks and
cable locks, are commodities that police
departments provide free or the cost of
which ranges from less than $1 up to
$10, a licensee might be able to enter
into an agreement with those
departments pursuant to which local
law enforcement would provide the
devices free of charge on the licensee’s
premises. Finally, manufacturers may
choose to package compatible safety
devices along with new handgun and
long gun offerings. Such integrated
packaging relieves the federal firearms
licensee from the cost of providing
safety devices for those firearms. These
four factors, which ATF cannot measure
with precision, may affect the number of
secure gun storage or safety devices that
an individual licensee must supply and
the overall costs to licensees of
purchasing the required devices.
The overall benefit of the secure gun
storage or safety devices requirement is
to provide firearm purchasers with the
ability to acquire a device that will
allow them to safely secure their
firearms from unlawful use or
accidental discharge.
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The economic effects associated with
amending the definition of the term
‘‘antique firearm’’ will result in a cost
savings to the licensee and ATF. Federal
firearms licensees are no longer required
to expend resources to record
transactions of any firearm meeting the
amended definition of an antique
firearm contained in this proposed rule,
because antique firearms are not
regulated by ATF. Since ATF does not
collect any data regarding these firearms
transactions, and federal firearms
licensees are not required to keep
records of these firearms, ATF is unable
to measure the cost impact of amending
the definition of antique firearms except
to indicate that licensees will no longer
be required to keep records on the
antique firearms that meet the
definition. Additionally, the
amendments to the definitions reflect
the definitions currently codified in the
statute. Since the enactment of Public
Law 105–277, Omnibus Consolidated
and Emergency Supplemental
Appropriations Act, 1999 on October
21, 1998, federal firearms licensees have
followed these amended statutory
definitions and no additional economic
change or impact will result from these
amendments to the regulations.
There are no costs associated with the
proposed amendments to the definitions
of the terms ‘‘rifle’’ and ‘‘shotgun’’ as
these are technical amendments that
integrate statutory language, which have
no associated costs, into the regulations.
B. Executive Order 13132
This proposed rule 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 proposed rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
C. Executive Order 12988
This proposed rule meets the
applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive
Order 12988, ‘‘Civil Justice Reform.’’
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
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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 proposed rule and, by
approving it, certifies that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
The economic effects associated with
this proposed rule are attributable to
statutory requirements that went into
effect in 1999, that applicants for federal
firearms licenses must certify that, with
certain exceptions, secure gun storage or
safety devices will be available at any
place where firearms are sold under the
license to nonlicensees. The proposed
rule does not impose additional costs or
burden on the licensed dealer beyond
what is already required by statute.
However, the proposed rule would
extend this certification requirement to
manufacturers or importers who have
premises from which firearms are sold
to nonlicensees. The additional costs
imposed on these manufacturers and
importers is, however, likely to be
minimal.
The rule proposes that the licensed
dealer, or licensed manufacturer or
importer having premises where
firearms are sold to nonlicensees, must
certify that they will make available
firearms secure gun storage or safety
devices that will be compatible with
each types of firearms that the licensee
sells. One measure of the cost of these
proposed safety device requirements—
requirements that, as noted, already are
required by statute for licensed
dealers—is the opportunity cost of
licensees making secure gun storage and
safety devices available instead of not
stocking them or stocking other
products that might have a higher profit
margin or that consumers may prefer.
The opportunity cost would be
measured as the foregone profit that
could be earned by licensees in the
absence of the requirement.
ATF lacks data to reliably estimate
this opportunity cost. For example, ATF
is not aware of any data sources on the
number or share of licensees that would
not make gun storage or safety devices
available absent the statutory
requirement, the number and types of
gun storage or safety devices that
licensees would need to make available
in order to comply with the statutory
requirement, or the products that
licensees would have made available
absent the requirement. ATF seeks
information from the public on data and
methods for estimating the opportunity
cost of this requirement.
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33451
Although ATF lacks data to reliably
estimate the opportunity cost of the safe
storage requirement, it is worth noting
that a number of factors may affect the
number of secure gun storage or safety
devices that an individual licensee must
supply on his premises and the overall
cost to licensees of purchasing the
required devices. First, dealers,
manufacturers, and importers may be
able to recover the cost of purchasing
secure gun storage or safety devices
through the sale of those products to
their customers. Second, many of the
secure gun storage or firearm safety
devices are compatible with numerous
firearms. Therefore, one secure gun
storage or safety device will be able
satisfy the requirement for all firearms
that are compatible with that secure gun
storage or safety device. Third, because
safety devices, such as trigger locks and
cable locks, are commodities that police
departments provide free or the cost of
which ranges from less than $1 up to
$10, a licensee might be able to enter
into an agreement with those
departments pursuant to which local
law enforcement would provide the
devices free of charge on the licensee’s
premises. Finally, manufacturers may
choose to package compatible safety
devices along with new handgun and
long gun offerings. Such integrated
packaging relieves the federal firearms
licensee from the cost of providing
safety devices for those firearms. These
four factors, which ATF cannot measure
with precision, may affect the number of
secure gun storage or safety devices that
an individual licensee must supply and
the overall costs to the licensee of
purchasing the required devices.
The overall benefit of the secure gun
storage or safety devices requirement is
to provide firearms purchasers with the
ability to acquire a device that will
allow them to safely secure their
firearms from unlawful use or
accidental discharge.
The economic effects associated with
amending the definition of the term
‘‘antique firearm’’ will result in a cost
savings to the licensee and ATF. Federal
firearms licensees are no longer required
to expend resources to record
transactions of any firearm meeting the
amended definition of an antique
firearm contained in this proposed rule,
because such firearms are not regulated
by ATF. Since ATF does not collect any
data regarding these firearm
transactions, federal firearms licensees
are not required to keep records of these
firearms, ATF is unable to measure the
cost impact of amending the definition
of antique firearms except to indicate
that licensees will no longer be required
to keep records on the antique firearms
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
that meet the definition. Additionally,
the amendments to the definitions
reflect the definitions currently codified
in the statute. Since the enactment of
Public Law 105–277, Omnibus
Consolidated and Emergency
Supplemental Appropriations Act, 1999
on October 21, 1998, federal firearms
licensees have followed these amended
statutory definitions and no additional
economic change or impact will result
from these amendments to the
regulations.
There are no costs associated with the
proposed amendments to the definitions
of the terms ‘‘rifle’’ and ‘‘shotgun’’ as
these are technical amendments that
integrate statutory language, which have
no associated costs, into the regulations.
E. Small Business Regulatory
Enforcement Fairness Act of 1996
This proposed 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
proposed 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
on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
F. Unfunded Mandates Reform Act of
1995
This proposed 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 of 1995
This proposed rule would revise an
existing reporting requirement under
the provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320. The proposed rule provides that
an applicant for a federal firearms dealer
license, or an applicant for a federal
firearms importer or manufacture
license who will be engaged in business
on the licensed premises as a dealer in
the same type of firearms authorized by
the license to import or manufacture,
must certify on ATF Form 7 (5310.12),
Application for Federal Firearms
License, that compatible secure gun
storage or safety devices will be
VerDate Sep<11>2014
15:09 May 25, 2016
Jkt 238001
available at any place in which firearms
are sold under the license to persons
who are not licensees.
The proposed rule modifies ATF
Form 7 by amending Item 27 to include
the word ‘‘compatible’’ in front of the
phrase ‘‘secure gun storage’’ in the
certification. This edit does not change
or alter the burden or recordkeeping
requirements associated with ATF Form
7. The burden and respondent
information associated with the
certification of secure storage and safety
devices have already been accounted for
with respect to ATF Form 7, and were
approved by the Office of Management
and Budget under control number 1140–
0018.
Public Participation
A. Comments Sought
ATF is requesting comments on the
proposed rule from all interested
persons. ATF is also specifically
requesting comments on the clarity of
this proposed rule and how it may be
made easier to understand.
In addition, ATF requests comments
regarding the extent to which this
proposed rule will result in any new
costs to the public, and what benefits
may be realized.
All comments must reference this
document docket number (ATF 24P), be
legible, and include your name and
mailing address. ATF will treat all
comments as originals and will not
acknowledge receipt of comments.
Comments received on or before the
closing date will be carefully
considered. Comments received after
that date will be given 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.
B. Confidentiality
Comments, whether submitted
electronically or on paper, will be made
available for public viewing at ATF, and
on the Internet as part of the
eRulemaking initiative, and are subject
to the Freedom of Information Act.
Commenters who do not want their
name or other personal identifying
information posted on the Internet
should submit their comment by mail or
facsimile, along with a separate cover
sheet that contains their personal
identifying information. Both the cover
sheet and comment must reference this
docket number. Information contained
in the cover sheet will not be posted on
the Internet. Any personal identifying
information that appears within the
comment will be posted on the Internet
and will not be redacted by ATF.
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
Any material that the commenter
considers to be inappropriate for
disclosure to the public, but is not
confidential under law, should not be
included in the comment. Any person
submitting a comment shall specifically
designate that portion (if any) of his
comments that contains material that is
confidential under law (e.g., trade
secrets, processes, etc.). Any portion of
a comment that is confidential under
law shall be set forth on pages separate
from the balance of the comment and
shall be prominently marked
‘‘confidential’’ at the top of each page.
Confidential information will be
included in the rulemaking 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, the
name of the person submitting a
comment is not exempt from disclosure.
C. Submitting Comments
Comments may be submitted in any of
three ways:
• Mail: Send written comments to the
address listed in the ADDRESSES section
of this document. Written comments
may be of any length and must appear
in a minimum 12-point font type (0.17
inches), include your complete mailing
address, and be signed.
• Facsimile: You may submit
comments by facsimile transmission to
(202) 648–9741. Faxed comments must:
(1) Be legible and appear in a
minimum 12-point font type (0.17
inches);
(2) Be on 81⁄2″ x 11″ paper;
(3) Contain a legible, written
signature; and
(4) Be no more than five pages long.
ATF will not accept faxed comments
that exceed five pages.
• Federal eRulemaking Portal: To
submit comments to ATF via the
Federal eRulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
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 this proposed rule and the
comments received will be available for
public inspection by appointment
during normal business hours at: ATF
Reading Room, Room 1E–062, 99 New
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
York Avenue NE., Washington, DC
20226; telephone: (202) 648–8740.
Drafting Information
The author of this document is George
M. Fodor, Office of Regulatory Affairs,
Enforcement Programs and Services,
Bureau of Alcohol, Tobacco, Firearms,
and Explosives.
List of Subjects in 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, and
Transportation.
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, 27 CFR part
478 is proposed to be amended as
follows:
PART 478—COMMERCE IN FIREARMS
AND AMMUNITION
1. The authority citation for 27 CFR
part 478 is revised to read as follows:
■
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847,
921–931; 44 U.S.C. 3504(h).
2. Amend § 478.11 as follows:
a. Remove the words ‘‘the explosive in
a fixed metallic cartridge’’ in the
definition of ‘‘Rifle’’ and add in their
place ‘‘an explosive’’;
■ b. Remove the words ‘‘the explosive
in a fixed shotgun shell’’ in the
definition of ‘‘Shotgun’’ and add in their
place ‘‘an explosive’’; and
■ c. Revise the definition of ‘‘Antique
firearm’’ and add a definition for the
term ‘‘Secure gun storage or safety
device’’, to read as follows:
■
■
§ 478.11
Meaning of terms.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
*
*
*
*
*
Antique firearm. (a) Any firearm
(including any firearm with a
matchlock, flintlock, percussion cap, or
similar type of ignition system)
manufactured in or before 1898;
(b) Any replica of any firearm
described in paragraph (a) of this
definition if such replica—
(1) Is not designed or redesigned for
using rimfire or conventional centerfire
fixed ammunition, or
(2) Uses rimfire or conventional
centerfire fixed ammunition that is no
longer manufactured in the United
States and that is not readily available
in the ordinary channels of commercial
trade; or
(c) Any muzzle loading rifle, muzzle
loading shotgun, or muzzle loading
VerDate Sep<11>2014
15:09 May 25, 2016
Jkt 238001
pistol that is designed to use black
powder, or a black powder substitute,
and that cannot use fixed ammunition.
For purposes of this paragraph (c), the
term ‘‘antique firearm’’ does not include
any weapon that incorporates a firearm
frame or receiver, any firearm that is
converted into a muzzle loading
weapon, or any muzzle loading weapon
that can be readily converted to fire
fixed ammunition by replacing the
barrel, bolt, breechblock, or any
combination thereof.
*
*
*
*
*
Secure gun storage or safety device.
(a) A device that, when installed on a
firearm, is designed to prevent the
firearm from being operated without
first deactivating the device;
(b) A device incorporated into the
design of the firearm that is designed to
prevent the operation of the firearm by
anyone not having access to the device;
or
(c) A safe, gun safe, gun case, lock
box, or other device that is designed to
be or can be used to store a firearm and
that is designed to be unlocked only by
means of a key, a combination, or other
similar means.
*
*
*
*
*
■ 3. Amend § 478.73 by adding a
sentence after the first sentence in
paragraph (a) to read as follows:
§ 478.73 Notice of revocation, suspension,
or imposition of civil fine.
(a) Basis for action. * * * In addition,
a notice of revocation of the license,
ATF Form 4500, may be issued
whenever the Director has reason to
believe that a licensee fails to have
secure gun storage or safety devices
available at any place in which firearms
are sold under the license to persons
who are not licensees (except in any
case in which a secure gun storage or
safety device is temporarily unavailable
because of theft, casualty loss, consumer
sales, backorders from a manufacturer,
or any other similar reason beyond the
control of the licensee). * * *
*
*
*
*
*
■ 4. Add § 478.104 to subpart F to read
as follows:
§ 478.104
device.
Secure gun storage or safety
(a) Any person who applies to be a
licensed firearms dealer must certify on
ATF Form 7 (5310.12), Application for
Federal Firearms License, that
compatible secure gun storage or safety
devices will be available at any place
where firearms are sold under the
license to nonlicensed individuals
(subject to the exception that in any case
in which a secure gun storage or safety
device is temporarily unavailable
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
33453
because of theft, casualty, loss,
consumer sales, backorders from a
manufacturer, or any other similar
reason beyond the control of the
licensee, the dealer shall not be
considered in violation of the
requirement to make available such a
device).
(b) Any person who applies to be a
licensed firearms importer or a licensed
manufacturer and will be engaged in
business on the licensed premises as a
dealer in the same type of firearms
authorized by the license to be imported
or manufactured must make the
certification required under paragraph
(a) of this section.
(c) Each licensee described in this
section must have compatible secure
gun storage or safety devices available at
any place in which firearms are sold
under the license to persons who are not
licensees. However, such licensee shall
not be considered to be in violation of
this requirement if a secure gun storage
or safety device is temporarily
unavailable because of theft, casualty
loss, consumer sales, backorders from a
manufacturer, or any other similar
reason beyond the control of the
licensee.
Dated: May 17, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016–12364 Filed 5–25–16; 8:45 am]
BILLING CODE 4410–FY–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0801; A–1–FRL–
9946–93–Region 1]
Air Plan Approval; ME; Control of
Volatile Organic Compound Emissions
From Fiberglass Boat Manufacturing
and Surface Coating Facilities
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Maine. These revisions establish
Reasonably Available Control
Technology (RACT) requirements for
reducing volatile organic compound
(VOC) emissions from fiberglass boat
manufacturing and surface coating
operations. The intended effect of this
action is to approve these requirements
into the Maine SIP. This action is being
SUMMARY:
E:\FR\FM\26MYP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Proposed Rules]
[Pages 33448-33453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12364]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
[Docket No. ATF 24P; AG Order No. 3672-2016]
RIN 1140-AA10
Commerce in Firearms and Explosives; Secure Gun Storage, Amended
Definition of Antique Firearm, and Miscellaneous Amendments
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (DOJ) proposes amending the
regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF), largely to codify into regulation certain provisions of Public
Law 105-277, Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999. The proposed rule would amend ATF's
regulations to account for the existing statutory requirement for
applicants for firearms dealer licenses to certify that secure gun
storage or safety devices will be available at any place where firearms
are sold under the license to nonlicensed individuals. This
certification is already included in the ATF Form 7, Application for
Federal Firearms License. The proposed regulation would also require
applicants for manufacturer or importer licenses to complete the
certification if the licensee will have premises where firearms are
sold to nonlicensees. Moreover, the proposed regulation would require
that the secure gun storage or safety device be compatible with the
firearms offered for sale by the licensee. Finally, it also would
conform the definitions of certain terms to the statutory language set
forth in the Omnibus Consolidated and Emergency Supplemental
Appropriations Act of 1999, including the definition of ``antique
firearm,'' which would be amended to include certain modern muzzle
loading firearms.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before August
[[Page 33449]]
24, 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: Send comments to any of the following addresses--
George M. Fodor, Mailstop 6.N-523, 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; ATTN: ATF 24P. Written comments may
be of any length and must appear in a minimum 12-point type (.17
inches), include a complete mailing address, and be signed.
202-648-9741 (facsimile).
https://www.regulations.gov. Federal eRulemaking portal;
follow the instructions for submitting comments.
You may also view an electronic version of this proposed rule at
the https://www.regulations.gov site.
See the Public Participation section at the end of the
SUPPLEMENTARY INFORMATION section for instructions and requirements for
submitting comments, and for information on how to request a public
hearing.
FOR FURTHER INFORMATION CONTACT: George M. Fodor, 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:
Background
On October 21, 1998, Public Law 105-277 (112 Stat. 2681), the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (the Act), was enacted. Among other things, the Act amended the
Gun Control Act of 1968 (GCA), as amended (18 U.S.C. Chapter 44). Some
of the GCA amendments made by the Act and the proposed regulation
changes implementing the law are as follows\1\:
---------------------------------------------------------------------------
\1\ This proposed rule does not implement the Child Safety Lock
Act of 2005 (CSLA), enacted as part of Public Law 109-92 (119 Stat.
2095), the Protection of Lawful Commerce in Arms Act. The CSLA
amended the GCA by adding a new subsection, 18 U.S.C. 922(z), that
makes it unlawful for any licensed importer, licensed manufacturer,
or licensed dealer to sell, deliver, or transfer any handgun to any
person not licensed under 18 U.S.C. Chapter 44, unless the
transferee (buyer) is provided with a secure gun storage or safety
device for that handgun. A number of exceptions are provided to this
requirement, including transfers of handguns to law enforcement
agencies and law enforcement officers and transfers of handguns
classified as curios or relics.
---------------------------------------------------------------------------
(1) Secure Gun Storage. The Act amended subsection 923(d)(1) of the
GCA (18 U.S.C. 923(d)(1)) to require that, with certain exceptions,
applicants for firearm dealer licenses certify the availability of
secure gun storage or safety devices at any place where firearms are
sold under the license to nonlicensees. 18 U.S.C. 923(d)(1)(G). ATF
interprets this provision as requiring secure gun storage or safety
devices to be compatible with the firearms offered for sale by the
licensee. Therefore, applicants are required to certify the
availability of compatible secure gun storage or safety devices at any
place where firearms are sold under the license to nonlicensees. The
certification requirement does not apply where a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee. Id. The Department
proposes to add a new section 27 CFR 478.104 to specify the terms of
the certification requirement.
ATF interprets the certification requirement to apply to applicants
for importer or manufacturer licenses if the licensee will have
premises where firearms are sold to nonlicensees. Federal regulations
provide that a licensed importer or a licensed manufacturer may engage
in the business on the licensed premises as a dealer in the same type
of firearms authorized by the license to be imported or manufactured.
27 CFR 478.41(b). As such, an applicant for an importer or manufacturer
license who will be engaged in the business as a dealer and have
premises where firearms are sold to nonlicensees will be required to
complete the certification.
In addition, the Act amended subsection 923(e) of the GCA (18
U.S.C. 923(e)) to provide that the Attorney General may revoke the
license of any federal firearms licensee who fails to have secure gun
storage or safety devices available at any place where firearms are
sold under the license to nonlicensees, subject to the same exceptions
noted above. The Department proposes to amend 27 CFR 478.73 to codify
into regulation this provision of the law.
The Act defined the term ``secure gun storage or safety device'' in
18 U.S.C. 921(a)(34) to mean: (1) A device that, when installed on a
firearm, is designed to prevent the firearm from being operated without
first deactivating the device; (2) a device incorporated into the
design of the firearm that is designed to prevent the operation of the
firearm by anyone not having access to the device; or (3) a safe, gun
safe, gun case, lock box, or other device that is designed to be or can
be used to store a firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means. The Department
proposes to amend 27 CFR 478.11 by adding a definition for the term
``secure gun storage or safety device'' that tracks the language in the
statute.
An uncodified provision of the Act provides that
``[n]otwithstanding any other provision of law, evidence regarding
compliance or noncompliance [with the secure gun storage or safety
device requirement] shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity.'' Public Law
105-277 sec. 119, reprinted in 18 U.S.C. 923 note. ATF construes this
section as applying to civil liability actions against dealers and
other similar actions, and not to proceedings associated with license
denials or revocations (or appeals in federal court from decisions in
such proceedings) involving noncompliance with the secure gun storage
or safety device requirement of the GCA. A basic tenet of statutory
construction is that each provision in a law is intended to have some
effect. To interpret this provision as applying to license denial and
revocation proceedings would result in the amendments to sections
923(d)(1) and (e) having no effective enforcement mechanism. To give
meaning to the secure gun storage or safety device requirement and the
authorization for the revocation of a license if the federal firearm
licensee fails to have secure gun storage or safety devices available,
ATF reads this evidentiary limitation as not applying to license denial
and revocation proceedings.
The provisions of the Act relating to secure gun storage became
effective April 19, 1999.
(2) Definition of Antique Firearm. The Act also amended the
definition of ``antique firearm'' in the GCA to include certain modern
muzzle loading firearms. Specifically, section 115 of the Act amended
the definition of ``antique firearm'' in subsection 921(a)(16) to
include a weapon that is a muzzle loading rifle, muzzle loading
shotgun, or muzzle loading pistol; that is designed to use black powder
or a black powder substitute; and that cannot use fixed ammunition. The
term expressly does not include any weapon that incorporates a firearm
frame or receiver; any firearm converted into a muzzle-loading weapon;
or any muzzle-loading weapon that can be readily converted to fire
fixed ammunition by replacing the
[[Page 33450]]
barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C.
921(a)(16)(C).
The provisions of the Act relating to antique firearms became
effective upon the date of enactment, October 21, 1998.
The Department proposes to amend 27 CFR 478.11 to reflect the
definition of the term ``antique firearm'' set forth in the Act.
(3) Miscellaneous Amendments. Prior to amendment by the Act, the
term ``rifle'' was defined in the GCA to mean ``a weapon designed or
redesigned, made or remade, and intended to be fired from the shoulder
and designed or redesigned and made or remade to use the energy of the
explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.''
18 U.S.C. 921(a)(7) (1994). The Act amended the definition of ``rifle''
by replacing the words ``the explosive in a fixed metallic cartridge''
with ``an explosive.''
Prior to amendment by the Act, the term ``shotgun'' was defined in
the GCA to mean ``a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.'' 18 U.S.C.
921(a)(5) (1994). The Act amended the definition of ``shotgun'' by
replacing the words ``the explosive in a fixed shotgun shell'' with
``an explosive.''
The provisions of the Act relating to the miscellaneous amendments
also became effective upon the date of enactment, October 21, 1998.
The Department proposes to amend 27 CFR 478.11 to reflect the
definitions of the terms ``rifle'' and ``shotgun'' set forth in the
Act.
How This Document Complies With the Federal Administrative Requirements
for Rulemaking
A. Executive Orders 12866 and 13563--Regulatory Planning and Review
This proposed regulation 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 has determined that this proposed rule is a
``significant regulatory action'' under section 3(f) of Executive Order
12866 and, accordingly, this proposed rule has been reviewed by the
Office of Management and Budget. However, this proposed rule will not
have an annual effect on the economy of $100 million, nor will it
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health, or safety, or State, local, or tribal governments or
communities. Accordingly, this proposed rule is not an ``economically
significant'' rulemaking under Executive Order 12866.
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 economic effects associated with this proposed rule are
attributable to the statutory requirement that went into effect in 1999
that applicants for federal firearms licenses must certify that, with
certain exceptions, secure gun storage or safety devices will be
available at any place where firearms are sold under the license to
nonlicensees. The proposed rule does not impose additional costs on the
licensed dealer beyond what is already required by statute. However,
the proposed rule would extend this certification requirement to
manufacturers or importers who have premises from which firearms are
sold to nonlicensees. The additional costs imposed on these
manufacturers and importers is, however, likely to be minimal.
The rule proposes that the licensed dealer, or licensed
manufacturer or importer having premises where firearms are sold to
nonlicensees, must certify that they will make available firearms
safety locks or secure gun storage devices that will be compatible with
each type of firearm that the licensee sells. One measure of the cost
of these proposed safety device requirements--requirements that, as
noted, already are required by statute for licensed dealers--is the
opportunity cost of licensees making secure gun storage and safety
devices available instead of not stocking them or stocking other
products that might have a higher profit margin or that consumers may
prefer more. The opportunity cost would be measured as the foregone
profit that could be earned by licensees in the absence of the
requirement.
ATF lacks data to reliably estimate this opportunity cost. For
example, ATF is not aware of any data sources on the number or share of
licensees that would not make gun storage or safety devices available
absent the statutory requirement, the number and types of gun storage
or safety devices that licensees would need to make available in order
to comply with the statutory requirement, or the products that
licensees would have made available absent the requirement. ATF seeks
information from the public on data and methods for estimating the
opportunity cost of this requirement.
Although ATF lacks data to reliably estimate the opportunity cost
of the safe storage requirement, it is worth noting that a number of
factors may affect the number of secure gun storage or safety devices
that an individual licensee must supply on his premises and the overall
cost to licensees of purchasing the required devices. First, dealers,
manufacturers, and importers may be able to recover the cost of
purchasing secure gun storage or safety devices through the sale of
those products to their customers. Second, many of the secure gun
storage or firearm safety devices are compatible with numerous
firearms. Therefore, one secure gun storage or safety device will be
able satisfy the requirement for all firearms that are compatible with
that secure gun storage or safety device. Third, because safety
devices, such as trigger locks and cable locks, are commodities that
police departments provide free or the cost of which ranges from less
than $1 up to $10, a licensee might be able to enter into an agreement
with those departments pursuant to which local law enforcement would
provide the devices free of charge on the licensee's premises. Finally,
manufacturers may choose to package compatible safety devices along
with new handgun and long gun offerings. Such integrated packaging
relieves the federal firearms licensee from the cost of providing
safety devices for those firearms. These four factors, which ATF cannot
measure with precision, may affect the number of secure gun storage or
safety devices that an individual licensee must supply and the overall
costs to licensees of purchasing the required devices.
The overall benefit of the secure gun storage or safety devices
requirement is to provide firearm purchasers with the ability to
acquire a device that will allow them to safely secure their firearms
from unlawful use or accidental discharge.
[[Page 33451]]
The economic effects associated with amending the definition of the
term ``antique firearm'' will result in a cost savings to the licensee
and ATF. Federal firearms licensees are no longer required to expend
resources to record transactions of any firearm meeting the amended
definition of an antique firearm contained in this proposed rule,
because antique firearms are not regulated by ATF. Since ATF does not
collect any data regarding these firearms transactions, and federal
firearms licensees are not required to keep records of these firearms,
ATF is unable to measure the cost impact of amending the definition of
antique firearms except to indicate that licensees will no longer be
required to keep records on the antique firearms that meet the
definition. Additionally, the amendments to the definitions reflect the
definitions currently codified in the statute. Since the enactment of
Public Law 105-277, Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 on October 21, 1998, federal firearms
licensees have followed these amended statutory definitions and no
additional economic change or impact will result from these amendments
to the regulations.
There are no costs associated with the proposed amendments to the
definitions of the terms ``rifle'' and ``shotgun'' as these are
technical amendments that integrate statutory language, which have no
associated costs, into the regulations.
B. Executive Order 13132
This proposed rule 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 proposed rule does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
C. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice
Reform.''
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 proposed rule
and, by approving it, certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
The economic effects associated with this proposed rule are
attributable to statutory requirements that went into effect in 1999,
that applicants for federal firearms licenses must certify that, with
certain exceptions, secure gun storage or safety devices will be
available at any place where firearms are sold under the license to
nonlicensees. The proposed rule does not impose additional costs or
burden on the licensed dealer beyond what is already required by
statute. However, the proposed rule would extend this certification
requirement to manufacturers or importers who have premises from which
firearms are sold to nonlicensees. The additional costs imposed on
these manufacturers and importers is, however, likely to be minimal.
The rule proposes that the licensed dealer, or licensed
manufacturer or importer having premises where firearms are sold to
nonlicensees, must certify that they will make available firearms
secure gun storage or safety devices that will be compatible with each
types of firearms that the licensee sells. One measure of the cost of
these proposed safety device requirements--requirements that, as noted,
already are required by statute for licensed dealers--is the
opportunity cost of licensees making secure gun storage and safety
devices available instead of not stocking them or stocking other
products that might have a higher profit margin or that consumers may
prefer. The opportunity cost would be measured as the foregone profit
that could be earned by licensees in the absence of the requirement.
ATF lacks data to reliably estimate this opportunity cost. For
example, ATF is not aware of any data sources on the number or share of
licensees that would not make gun storage or safety devices available
absent the statutory requirement, the number and types of gun storage
or safety devices that licensees would need to make available in order
to comply with the statutory requirement, or the products that
licensees would have made available absent the requirement. ATF seeks
information from the public on data and methods for estimating the
opportunity cost of this requirement.
Although ATF lacks data to reliably estimate the opportunity cost
of the safe storage requirement, it is worth noting that a number of
factors may affect the number of secure gun storage or safety devices
that an individual licensee must supply on his premises and the overall
cost to licensees of purchasing the required devices. First, dealers,
manufacturers, and importers may be able to recover the cost of
purchasing secure gun storage or safety devices through the sale of
those products to their customers. Second, many of the secure gun
storage or firearm safety devices are compatible with numerous
firearms. Therefore, one secure gun storage or safety device will be
able satisfy the requirement for all firearms that are compatible with
that secure gun storage or safety device. Third, because safety
devices, such as trigger locks and cable locks, are commodities that
police departments provide free or the cost of which ranges from less
than $1 up to $10, a licensee might be able to enter into an agreement
with those departments pursuant to which local law enforcement would
provide the devices free of charge on the licensee's premises. Finally,
manufacturers may choose to package compatible safety devices along
with new handgun and long gun offerings. Such integrated packaging
relieves the federal firearms licensee from the cost of providing
safety devices for those firearms. These four factors, which ATF cannot
measure with precision, may affect the number of secure gun storage or
safety devices that an individual licensee must supply and the overall
costs to the licensee of purchasing the required devices.
The overall benefit of the secure gun storage or safety devices
requirement is to provide firearms purchasers with the ability to
acquire a device that will allow them to safely secure their firearms
from unlawful use or accidental discharge.
The economic effects associated with amending the definition of the
term ``antique firearm'' will result in a cost savings to the licensee
and ATF. Federal firearms licensees are no longer required to expend
resources to record transactions of any firearm meeting the amended
definition of an antique firearm contained in this proposed rule,
because such firearms are not regulated by ATF. Since ATF does not
collect any data regarding these firearm transactions, federal firearms
licensees are not required to keep records of these firearms, ATF is
unable to measure the cost impact of amending the definition of antique
firearms except to indicate that licensees will no longer be required
to keep records on the antique firearms
[[Page 33452]]
that meet the definition. Additionally, the amendments to the
definitions reflect the definitions currently codified in the statute.
Since the enactment of Public Law 105-277, Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 on October 21, 1998,
federal firearms licensees have followed these amended statutory
definitions and no additional economic change or impact will result
from these amendments to the regulations.
There are no costs associated with the proposed amendments to the
definitions of the terms ``rifle'' and ``shotgun'' as these are
technical amendments that integrate statutory language, which have no
associated costs, into the regulations.
E. Small Business Regulatory Enforcement Fairness Act of 1996
This proposed 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 proposed 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 on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets.
F. Unfunded Mandates Reform Act of 1995
This proposed 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 of 1995
This proposed rule would revise an existing reporting requirement
under the provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
part 1320. The proposed rule provides that an applicant for a federal
firearms dealer license, or an applicant for a federal firearms
importer or manufacture license who will be engaged in business on the
licensed premises as a dealer in the same type of firearms authorized
by the license to import or manufacture, must certify on ATF Form 7
(5310.12), Application for Federal Firearms License, that compatible
secure gun storage or safety devices will be available at any place in
which firearms are sold under the license to persons who are not
licensees.
The proposed rule modifies ATF Form 7 by amending Item 27 to
include the word ``compatible'' in front of the phrase ``secure gun
storage'' in the certification. This edit does not change or alter the
burden or recordkeeping requirements associated with ATF Form 7. The
burden and respondent information associated with the certification of
secure storage and safety devices have already been accounted for with
respect to ATF Form 7, and were approved by the Office of Management
and Budget under control number 1140-0018.
Public Participation
A. Comments Sought
ATF is requesting comments on the proposed rule from all interested
persons. ATF is also specifically requesting comments on the clarity of
this proposed rule and how it may be made easier to understand.
In addition, ATF requests comments regarding the extent to which
this proposed rule will result in any new costs to the public, and what
benefits may be realized.
All comments must reference this document docket number (ATF 24P),
be legible, and include your name and mailing address. ATF will treat
all comments as originals and will not acknowledge receipt of comments.
Comments received on or before the closing date will be carefully
considered. Comments received after that date will be given 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.
B. Confidentiality
Comments, whether submitted electronically or on paper, will be
made available for public viewing at ATF, and on the Internet as part
of the eRulemaking initiative, and are subject to the Freedom of
Information Act. Commenters who do not want their name or other
personal identifying information posted on the Internet should submit
their comment by mail or facsimile, along with a separate cover sheet
that contains their personal identifying information. Both the cover
sheet and comment must reference this docket number. Information
contained in the cover sheet will not be posted on the Internet. Any
personal identifying information that appears within the comment will
be posted on the Internet and will not be redacted by ATF.
Any material that the commenter considers to be inappropriate for
disclosure to the public, but is not confidential under law, should not
be included in the comment. Any person submitting a comment shall
specifically designate that portion (if any) of his comments that
contains material that is confidential under law (e.g., trade secrets,
processes, etc.). Any portion of a comment that is confidential under
law shall be set forth on pages separate from the balance of the
comment and shall be prominently marked ``confidential'' at the top of
each page. Confidential information will be included in the rulemaking
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, the name of the person submitting a comment is
not exempt from disclosure.
C. Submitting Comments
Comments may be submitted in any of three ways:
Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments may be of any
length and must appear in a minimum 12-point font type (0.17 inches),
include your complete mailing address, and be signed.
Facsimile: You may submit comments by facsimile
transmission to (202) 648-9741. Faxed comments must:
(1) Be legible and appear in a minimum 12-point font type (0.17
inches);
(2) Be on 8\1/2\'' x 11'' paper;
(3) Contain a legible, written signature; and
(4) Be no more than five pages long. ATF will not accept faxed
comments that exceed five pages.
Federal eRulemaking Portal: To submit comments to ATF via
the Federal eRulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
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 this proposed rule and the comments received will be
available for public inspection by appointment during normal business
hours at: ATF Reading Room, Room 1E-062, 99 New
[[Page 33453]]
York Avenue NE., Washington, DC 20226; telephone: (202) 648-8740.
Drafting Information
The author of this document is George M. Fodor, Office of
Regulatory Affairs, Enforcement Programs and Services, Bureau of
Alcohol, Tobacco, Firearms, and Explosives.
List of Subjects in 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, and
Transportation.
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, 27 CFR part
478 is proposed to be amended as follows:
PART 478--COMMERCE IN FIREARMS AND AMMUNITION
0
1. The authority citation for 27 CFR part 478 is revised to read as
follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C.
3504(h).
0
2. Amend Sec. 478.11 as follows:
0
a. Remove the words ``the explosive in a fixed metallic cartridge'' in
the definition of ``Rifle'' and add in their place ``an explosive'';
0
b. Remove the words ``the explosive in a fixed shotgun shell'' in the
definition of ``Shotgun'' and add in their place ``an explosive''; and
0
c. Revise the definition of ``Antique firearm'' and add a definition
for the term ``Secure gun storage or safety device'', to read as
follows:
Sec. 478.11 Meaning of terms.
* * * * *
Antique firearm. (a) Any firearm (including any firearm with a
matchlock, flintlock, percussion cap, or similar type of ignition
system) manufactured in or before 1898;
(b) Any replica of any firearm described in paragraph (a) of this
definition if such replica--
(1) Is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
(2) Uses rimfire or conventional centerfire fixed ammunition that
is no longer manufactured in the United States and that is not readily
available in the ordinary channels of commercial trade; or
(c) Any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol that is designed to use black powder, or a black powder
substitute, and that cannot use fixed ammunition. For purposes of this
paragraph (c), the term ``antique firearm'' does not include any weapon
that incorporates a firearm frame or receiver, any firearm that is
converted into a muzzle loading weapon, or any muzzle loading weapon
that can be readily converted to fire fixed ammunition by replacing the
barrel, bolt, breechblock, or any combination thereof.
* * * * *
Secure gun storage or safety device. (a) A device that, when
installed on a firearm, is designed to prevent the firearm from being
operated without first deactivating the device;
(b) A device incorporated into the design of the firearm that is
designed to prevent the operation of the firearm by anyone not having
access to the device; or
(c) A safe, gun safe, gun case, lock box, or other device that is
designed to be or can be used to store a firearm and that is designed
to be unlocked only by means of a key, a combination, or other similar
means.
* * * * *
0
3. Amend Sec. 478.73 by adding a sentence after the first sentence in
paragraph (a) to read as follows:
Sec. 478.73 Notice of revocation, suspension, or imposition of civil
fine.
(a) Basis for action. * * * In addition, a notice of revocation of
the license, ATF Form 4500, may be issued whenever the Director has
reason to believe that a licensee fails to have secure gun storage or
safety devices available at any place in which firearms are sold under
the license to persons who are not licensees (except in any case in
which a secure gun storage or safety device is temporarily unavailable
because of theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of the
licensee). * * *
* * * * *
0
4. Add Sec. 478.104 to subpart F to read as follows:
Sec. 478.104 Secure gun storage or safety device.
(a) Any person who applies to be a licensed firearms dealer must
certify on ATF Form 7 (5310.12), Application for Federal Firearms
License, that compatible secure gun storage or safety devices will be
available at any place where firearms are sold under the license to
nonlicensed individuals (subject to the exception that in any case in
which a secure gun storage or safety device is temporarily unavailable
because of theft, casualty, loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of the
licensee, the dealer shall not be considered in violation of the
requirement to make available such a device).
(b) Any person who applies to be a licensed firearms importer or a
licensed manufacturer and will be engaged in business on the licensed
premises as a dealer in the same type of firearms authorized by the
license to be imported or manufactured must make the certification
required under paragraph (a) of this section.
(c) Each licensee described in this section must have compatible
secure gun storage or safety devices available at any place in which
firearms are sold under the license to persons who are not licensees.
However, such licensee shall not be considered to be in violation of
this requirement if a secure gun storage or safety device is
temporarily unavailable because of theft, casualty loss, consumer
sales, backorders from a manufacturer, or any other similar reason
beyond the control of the licensee.
Dated: May 17, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-12364 Filed 5-25-16; 8:45 am]
BILLING CODE 4410-FY-P
