Removal of Expired Regulations Concerning Commerce in Firearms and Ammunition; Correction, 60333-60334 [2019-24301]
Download as PDF
Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Rules and Regulations
Avenue NE, Washington, DC 20226;
telephone: (202) 648–7070 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–504]
Schedules of Controlled Substances:
Placement of Solriamfetol in Schedule
IV
Correction
In rule document 2019–12723
beginning on page 27943 in the issue of
Monday, June 17, 2019, make the
following correction:
§ 1308.14
[Corrected]
On page 27947, in the third column,
in § 1308.14(f)(12), in the second line
‘‘car-bamate’’ should read ‘‘carbamate’’.
[FR Doc. C1–2019–12723 Filed 11–7–19; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms,
and Explosives
27 CFR Part 478
[Docket No. ATF 2019R–03; AG Order No.
4576–2019]
Removal of Expired Regulations
Concerning Commerce in Firearms
and Ammunition; Correction
Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Department of
Justice.
ACTION: Final rule.
AGENCY:
On April 1, 2019, the
Department of Justice published in the
Federal Register a final rule making
technical changes to remove expired,
obsolete, or unnecessary regulations;
correct specific headings; and reflect
changes to nomenclature in the Bureau
of Alcohol, Tobacco, Firearms, and
Explosives regulations related to the
commerce in firearms and ammunition.
That document inadvertently included
an incomplete revision to remove all
words related to an expired regulation.
This final rule corrects the April 2019
amendment by revising the section to
complete the removal of the expired
regulation.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
This rule is effective November
8, 2019.
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
DATES:
VerDate Sep<11>2014
17:26 Nov 07, 2019
Jkt 250001
I. Background
The Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF)
administers regulations published in
title 27, Code of Federal Regulations
(CFR), part 478, concerning commerce
in firearms and ammunition. On April
1, 2019, the Department of Justice (DOJ)
published in the Federal Register a final
rule that made technical amendments in
ATF regulations in the CFR (84 FR
12093). The technical changes made in
this rule included the removal of
expired regulations and regulations that
are no longer applicable; the correction
of section headings for accuracy; and a
change in nomenclature resulting from
the transfer of ATF to the Department of
Justice from the Department of the
Treasury pursuant to the Homeland
Security Act of 2002.
Several sections were removed or
amended because the statute that
formed the basis of those regulations is
no longer in effect. The Public Safety
and Recreational Firearms Act (the Act),
enacted as part of the Violent Crime
Control and Law Enforcement Act of
1994, Pub. L. 103–322, Title XI (1994),
established a 10-year prohibition on the
manufacture, transfer, or possession of
‘‘semiautomatic assault weapons,’’ as
defined in the Act, as well as large
capacity feeding devices. The Act
expired on September 13, 2004, and the
final rule was issued to remove or
amend the regulatory provisions that
had, in whole or in part, implemented
that Act as they are no longer effective.
The April 2019 technical amendments
inadvertently failed to remove all words
related to the expired regulation that
were included in 27 CFR 478.171. This
final rule corrects the changes in the
CFR made by the 2019 technical
amendments by amending § 478.171 to
remove ‘‘and manufactured after
September 13, 1994, ’’ and ‘‘or were’’ in
the last sentence of the paragraph and
to add ‘‘was’’ before ‘‘exported’’ in the
last sentence of the paragraph.
II. Statutory Orders and Executive
Review
A. Executive Orders 12866, 13563, and
13771
This rule has been drafted and
reviewed in accordance with Executive
Orders 12866, ’’ Regulatory Planning
and Review,’’ section 1(b), The Principle
of Regulation; Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review,’’section 1(b), General Principles
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
60333
of Regulation; and Executive Order
13771, ’’ Reducing Regulation and
Controlling Regulatory Costs.’’
This rule makes technical corrections
to eliminate outdated and incorrect
terminology and improve the clarity of
the regulations, and makes no
substantive changes. The Department
has determined that this final rule is not
a ‘‘significant regulatory action’’ as
defined in Executive Order 12866,
section 3(f). Accordingly, this final rule
has not been reviewed by the Office of
Management and Budget.
Finally, because this rule is not a
significant regulatory action, it is not
subject to the requirements of Executive
Order 13771. There are no costs
associated with this regulation;
however, it benefits the industry in that
it removes outdated regulations and
provides clarity for the regulated
industry. Because there are no costs
associated with this final rule, there are
no monetized benefits. This rule is
considered a deregulatory action under
Executive Order 13771.
B. Executive Order 13132
This final 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 regulation does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement.
C. Executive Order 12988
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, ‘‘Civil
Justice Reform.’’
D. Administrative Procedure Act
Under the Administrative Procedure
Act (‘‘APA’’), 5 U.S.C. 553(b)(3)(B), an
agency may, for good cause, find the
usual requirements of prior notice and
comment are impracticable,
unnecessary, or contrary to the public
interest. Currently, 27 CFR part 478
contains references to expired
regulations and has obsolete, outdated,
and incorrect terminology that may be
confusing to the public. The rule makes
technical corrections to improve the
clarity and accuracy of the regulations
and makes no substantive changes. For
E:\FR\FM\08NOR1.SGM
08NOR1
60334
Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Rules and Regulations
these reasons, the agency has
determined that publishing a noticed of
proposed rulemaking and providing
opportunity for public comment is
unnecessary.
Further, the APA permits an agency to
make this rule effective upon the date of
publication because it is not a
substantive rule. See 5 U.S.C. 553(d).
Furthermore, the Department finds that
there is good cause for the final rule to
take effect upon publication, since the
revisions made by this rule are minor,
non-substantive, and technical, and
there is no reason to delay these
changes. Id.
E. Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act, 5 U.S.C. 603, 604, and
605(b), a Regulatory Flexibility Analysis
is not required for this final rule because
the Department was not required to
publish a general notice of proposed
rulemaking for this matter.
F. Unfunded Mandates Reform Act of
1995
G. Paperwork Reduction Act of 1995
This final rule does not impose any
new reporting or recordkeeping
requirements under the Paperwork
Reduction Act 44 U.S.C. 3501–3521.
H. Congressional Review Act
Pursuant to the Congressonal Review
Act, 5 U.S.C. 801 et seq., the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
khammond on DSKJM1Z7X2PROD with RULES
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, Transportation.
Authority and Issuance
Accordingly, for the reasons
discussed in the preamble, 27 CFR part
478 is amended as follows:
15:59 Nov 07, 2019
Jkt 250001
1. The authority citation for 27 CFR
part 478 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 18 U.S.C. 921–
931; 44 U.S.C. 3504(h).
§ 478.171
[Amended]
2. Amend § 478.171 by removing ‘‘and
manufactured after September 13,
1994,’’ and ‘‘or were’’ in the last
sentence of the paragraph and adding
‘‘was’’ before ‘‘exported’’ in the last
sentence of the paragraph.
■
Dated: November 1, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019–24301 Filed 11–7–19; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1525.
VerDate Sep<11>2014
PART 478—COMMERCE IN FIREARMS
AND AMMUNITION
[Docket No. USCG–2019–0776]
Special Local Regulations; San Diego
Parade of Lights, San Diego, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the San Diego Parade of Lights special
local regulations on the waters of San
Diego Bay, California on December 8,
2019 and December 15, 2019. These
special local regulations are necessary to
provide for the safety of the
participants, crew, spectators, sponsor
vessels, and general users of the
waterway. During the enforcement
period, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
DATES: The regulations in 33 CFR
100.1101 will be enforced from 5 p.m.
through 8:30 p.m. on December 8, 2019
and December 15, 2019 for Item 5 in
Table 1 of § 100.1101.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
publication of enforcement, call or
email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
(619) 278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
regulations in 33 CFR 100.1101 for the
San Diego Parade of Lights in San Diego
Bay, CA in Table 1, Item 5 of that
section from 5 p.m. until 8:30 p.m. on
December 8, 2019 and December 15,
2019. This enforcement action is being
taken to provide for the safety of life on
navigable waterways during the event.
The Coast Guard’s regulation for
recurring marine events in the San
Diego Captain of the Port Zone
identifies the regulated entities and area
for this event. During the enforcement
periods and under the provisions of 33
CFR 100.1101, persons and vessels are
prohibited from anchoring, blocking,
loitering, or impeding within this
regulated area, unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners,
marine information broadcasts, and
local advertising by the event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
Dated: November 4, 2019.
D.P. Montoro,
Captain, U.S. Coast Guard, Acting Captain
of the Port San Diego.
[FR Doc. 2019–24383 Filed 11–7–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0859]
RIN 1625–AA00
Safety Zone; Coast Guard PSU–312
Training Exercise South Bay, San
Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of San Francisco
Bay offshore of San Francisco, CA in
support of the Coast Guard PSU–312
SUMMARY:
E:\FR\FM\08NOR1.SGM
08NOR1
Agencies
[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60333-60334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24301]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
[Docket No. ATF 2019R-03; AG Order No. 4576-2019]
Removal of Expired Regulations Concerning Commerce in Firearms
and Ammunition; Correction
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On April 1, 2019, the Department of Justice published in the
Federal Register a final rule making technical changes to remove
expired, obsolete, or unnecessary regulations; correct specific
headings; and reflect changes to nomenclature in the Bureau of Alcohol,
Tobacco, Firearms, and Explosives regulations related to the commerce
in firearms and ammunition. That document inadvertently included an
incomplete revision to remove all words related to an expired
regulation. This final rule corrects the April 2019 amendment by
revising the section to complete the removal of the expired regulation.
DATES: This rule is effective November 8, 2019.
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 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
administers regulations published in title 27, Code of Federal
Regulations (CFR), part 478, concerning commerce in firearms and
ammunition. On April 1, 2019, the Department of Justice (DOJ) published
in the Federal Register a final rule that made technical amendments in
ATF regulations in the CFR (84 FR 12093). The technical changes made in
this rule included the removal of expired regulations and regulations
that are no longer applicable; the correction of section headings for
accuracy; and a change in nomenclature resulting from the transfer of
ATF to the Department of Justice from the Department of the Treasury
pursuant to the Homeland Security Act of 2002.
Several sections were removed or amended because the statute that
formed the basis of those regulations is no longer in effect. The
Public Safety and Recreational Firearms Act (the Act), enacted as part
of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L.
103-322, Title XI (1994), established a 10-year prohibition on the
manufacture, transfer, or possession of ``semiautomatic assault
weapons,'' as defined in the Act, as well as large capacity feeding
devices. The Act expired on September 13, 2004, and the final rule was
issued to remove or amend the regulatory provisions that had, in whole
or in part, implemented that Act as they are no longer effective.
The April 2019 technical amendments inadvertently failed to remove
all words related to the expired regulation that were included in 27
CFR 478.171. This final rule corrects the changes in the CFR made by
the 2019 technical amendments by amending Sec. 478.171 to remove ``and
manufactured after September 13, 1994, '' and ``or were'' in the last
sentence of the paragraph and to add ``was'' before ``exported'' in the
last sentence of the paragraph.
II. Statutory Orders and Executive Review
A. Executive Orders 12866, 13563, and 13771
This rule has been drafted and reviewed in accordance with
Executive Orders 12866, '' Regulatory Planning and Review,'' section
1(b), The Principle of Regulation; Executive Order 13563, ``Improving
Regulation and Regulatory Review,''section 1(b), General Principles of
Regulation; and Executive Order 13771, '' Reducing Regulation and
Controlling Regulatory Costs.''
This rule makes technical corrections to eliminate outdated and
incorrect terminology and improve the clarity of the regulations, and
makes no substantive changes. The Department has determined that this
final rule is not a ``significant regulatory action'' as defined in
Executive Order 12866, section 3(f). Accordingly, this final rule has
not been reviewed by the Office of Management and Budget.
Finally, because this rule is not a significant regulatory action,
it is not subject to the requirements of Executive Order 13771. There
are no costs associated with this regulation; however, it benefits the
industry in that it removes outdated regulations and provides clarity
for the regulated industry. Because there are no costs associated with
this final rule, there are no monetized benefits. This rule is
considered a deregulatory action under Executive Order 13771.
B. Executive Order 13132
This final 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 regulation does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
C. Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice
Reform.''
D. Administrative Procedure Act
Under the Administrative Procedure Act (``APA''), 5 U.S.C.
553(b)(3)(B), an agency may, for good cause, find the usual
requirements of prior notice and comment are impracticable,
unnecessary, or contrary to the public interest. Currently, 27 CFR part
478 contains references to expired regulations and has obsolete,
outdated, and incorrect terminology that may be confusing to the
public. The rule makes technical corrections to improve the clarity and
accuracy of the regulations and makes no substantive changes. For
[[Page 60334]]
these reasons, the agency has determined that publishing a noticed of
proposed rulemaking and providing opportunity for public comment is
unnecessary.
Further, the APA permits an agency to make this rule effective upon
the date of publication because it is not a substantive rule. See 5
U.S.C. 553(d). Furthermore, the Department finds that there is good
cause for the final rule to take effect upon publication, since the
revisions made by this rule are minor, non-substantive, and technical,
and there is no reason to delay these changes. Id.
E. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603,
604, and 605(b), a Regulatory Flexibility Analysis is not required for
this final rule because the Department was not required to publish a
general notice of proposed rulemaking for this matter.
F. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1525.
G. Paperwork Reduction Act of 1995
This final rule does not impose any new reporting or recordkeeping
requirements under the Paperwork Reduction Act 44 U.S.C. 3501-3521.
H. Congressional Review Act
Pursuant to the Congressonal Review Act, 5 U.S.C. 801 et seq., the
Office of Information and Regulatory Affairs designated this rule as
not a major rule, as defined by 5 U.S.C. 804(2).
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,
Transportation.
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, 27 CFR part
478 is amended as follows:
PART 478--COMMERCE IN FIREARMS AND AMMUNITION
0
1. The authority citation for 27 CFR part 478 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 921-931; 44 U.S.C.
3504(h).
Sec. 478.171 [Amended]
0
2. Amend Sec. 478.171 by removing ``and manufactured after September
13, 1994,'' and ``or were'' in the last sentence of the paragraph and
adding ``was'' before ``exported'' in the last sentence of the
paragraph.
Dated: November 1, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-24301 Filed 11-7-19; 8:45 am]
BILLING CODE 4410-FY-P