Definition of “Frame or Receiver” and Identification of Firearms; Corrections, 51249-51250 [2022-17741]

Agencies

• Department of Justice
• Bureau of Alcohol, Tobacco, Firearms and Explosives

[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51249-51250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17741]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Parts 478 and 479

[ATF-2021-0001; Docket No. ATF 2021R-05F; AG Order No. 5374-2022]
RIN 1140-AA54


Definition of ``Frame or Receiver'' and Identification of 
Firearms; Corrections

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Final rule; corrections.

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SUMMARY: The Department of Justice (``Department'') is correcting a 
final rule that appeared in the Federal Register on April 26, 2022, 
with an effective date of August 24, 2022. The final rule amended 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') 
regulations by removing and replacing the regulatory definitions of 
``firearm frame or receiver'' and ``frame or receiver.'' The document 
also amended ATF's definitions of ``firearm'' and ``gunsmith'' to 
clarify the meaning of those terms, and to provide definitions of terms 
such as ``complete weapon,'' ``complete muffler or silencer device,'' 
``multi-piece frame or receiver,'' ``privately made firearm,'' and 
``readily'' for purposes of clarity given advancements in firearms 
technology. Additionally, the final rule amended ATF's regulations on 
marking and recordkeeping that are necessary to implement the new or 
amended definitions. This document makes some minor technical 
corrections to the final rule, which otherwise remains the same as 
previously published.

DATES: Effective August 24, 2022.

FOR FURTHER INFORMATION CONTACT: Kimberly Keravuori by email at 
[email protected]; by mail at Office of Regulatory Affairs, Enforcement 
Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, U.S. Department of Justice, 99 New York Ave. NE, 
Washington, DC 20226; or by telephone at (202) 648-7070 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: On April 26, 2022, the Department issued a 
final rule titled ``Definition of `Frame or Receiver' and 
Identification of Firearms,'' amending ATF's regulations in 27 CFR 
parts 447, 478, and 479 (87 FR 24652), with an effective date of August 
24, 2022.
    Due to the complexity of this rulemaking process and the resulting 
significant number of comments and revisions in response, the final 
rule inadvertently contained some technical errors in the regulatory 
text that this document corrects. As reflected below, this document 
corrects the following technical errors in the regulatory text as 
adopted in the final rule:
     Incorrectly labeling subparagraphs in Sec.  479.102(a)(3) 
and (b)(3) with letters instead of Roman numerals.
     Omitting part of the Federal Register date instruction in 
Sec.  478.12(f)(2), with the result that the rule as published 
contained the instruction parenthetical instead of the actual date.
     Causing confusion by including the word ``and'' between 
two terms describing handgun grips in Sec.  478.12(a)(3), instead of 
indicating that the second term was an example of the first term.
     Leaving out a reference to the manufacturer role of people 
identified as ``you'' in Sec.  479.102(a)(6), and leaving out the words 
``or remade'' in the phrase ``remanufactured or remade'' in the 
definition of ``Privately made firearm (PMF)'' in Sec.  478.11. In both 
instances, these omissions could create confusion about the actors in 
those provisions.
     Failing to replace the term ``firearm'' with ``frame or 
receiver'' in the last sentence of the definition of ``Importer's or 
manufacturer's serial number'' in Sec.  478.11, as intended, thus 
unintentionally broadening the requirement to preserve the licensee 
name, city, or state wherever it may appear on a fully assembled 
weapon. Instead, the purpose of this provision is to require 
preservation of the licensee name, city, or state only on the frame or 
receiver of any such weapon.
     Failing to include a cross-reference to the definition of 
``privately made firearm'' in Sec.  479.11, potentially creating 
inconsistencies between the regulations.
     Failing to replace a broad reference in Sec.  478.125(i) 
to requirements ``in this part'' with the specific section reference to 
the timeframe required by Sec.  478.125(e) for firearms that better 
identifies and clarifies those requirements for users.
     And, in four paragraphs, Sec. Sec.  478.12(a)(1), 
(a)(4)(iv), and (d) and 478.92(a)(1)(iii), inadvertently indicating 
that a sear (or equivalent) component was the primary energized 
component of a handgun as a result of the placement of the terms in 
relation to each other, also creating confusion for readers.
    This document corrects those technical errors before the final 
rule's effective date.


Sec.  478.11  [Corrected]

0
1. On page 24735, in the first column, the definition of ``Importer's 
or manufacturer's serial number'' is corrected by removing the last 
word ``firearm'' and adding in its place the words ``frame or 
receiver''.

0
2. On page 24735, in the seventh line of the second column, the 
definition of ``Privately made firearm (PMF)'' is corrected in the 
parenthetical at the end by adding the words ``or remade'' after the 
word ``remanufactured''.

0
3. On page 24735, in the third column, Sec.  478.12 is corrected by 
revising paragraph (a)(1) and the second sentence in paragraph (a)(3) 
to read as follows:


Sec.  478.12  [Corrected]

    (a) * * *
    (1) The term ``frame'' means the part of a handgun, or variants 
thereof, that provides housing or a structure for the component (i.e., 
sear or equivalent) designed to hold back the hammer, striker, bolt, or 
similar primary

[[Page 51250]]

energized component prior to initiation of the firing sequence, even if 
pins or other attachments are required to connect such component (i.e., 
sear or equivalent) to the housing or structure.
* * * * *
    (3) * * * For example, an AK-type firearm with a short stock (i.e., 
pistol grip) is a pistol variant of an AK-type rifle, an AR-type 
firearm with a short stock (i.e., pistol grip) is a pistol variant of 
an AR-type rifle, and a revolving cylinder shotgun is a shotgun variant 
of a revolver.
* * * * *

0
4. On page 24736, in the second column, Sec.  478.12(a)(4)(iv) is 
corrected at the end of the paragraph by removing the words ``energized 
component (i.e., sear or equivalent)'' and adding in their place the 
words ``sear or equivalent component''.

0
5. On page 24739, in the third column, in line 3, Sec.  478.12(d) is 
corrected by removing the word ``energized'' and adding in its place 
the words ``sear or equivalent''.

0
6. On page 24741, in the first column, Sec.  478.12(f)(2) is corrected 
at the end of the last sentence by removing ``[date of publication of 
the rule]'' and adding in its place ``April 26, 2022''.


Sec.  478.92 [  Corrected]

0
7. On page 24741, in the third column, in line 2, Sec.  
478.92(a)(1)(iii) is corrected by removing the words ``primary 
energized'' and adding in their place the words ``sear or equivalent''.


Sec.  478.125  [Corrected]

0
8. On page 24746, in the first column, Sec.  478.125(i) is corrected at 
the end of the first sentence by removing the words ``as required by 
this part'' and adding in their place ``within the timeframe required 
by paragraph (e) of this section for firearms''.

0
9. On page 24747, in the first column, amendatory instruction 18c for 
Sec.  479.11 is corrected to read ``c. Add in alphabetical order 
definitions for ``Privately made firearm (PMF)'' and ``Readily'';''. 
The correctly added definition of ``Privately made firearm (PMF)'' 
reads as follows:


Sec.  479.11  [Corrected]

* * * * *
    Privately made firearm (PMF). The term ``privately made firearm 
(PMF)'' shall have the same meaning as in Sec.  478.11 of this 
subchapter.
* * * * *


Sec.  479.102  [Corrected]

0
10. On page 24747, in the third column, Sec.  479.102(a)(3) is 
corrected by redesignating paragraphs (a)(3)(A), (B), and (C) as 
paragraphs (a)(3)(i), (ii), and (iii).

0
11. On page 24748, in the first column, Sec.  479.102(a)(6) is 
corrected in the first sentence by adding ``, as a manufacturer,'' in 
between the words ``You'' and ``shall''.

0
12. On page 24748, in the second column, Sec.  479.102(b)(3) is 
corrected by redesignating paragraphs (b)(3)(A), (B), and (C) as 
paragraphs (b)(3)(i), (ii), and (iii).

    Dated: August 12, 2022.
Laura E. Heim,
Senior Counsel.
[FR Doc. 2022-17741 Filed 8-19-22; 8:45 am]
BILLING CODE 4410-FY-P