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