81 FR 32230 - Federal Firearms License Proceedings-Hearings
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives Federal Register Volume 81, Issue 99 (May 23, 2016)
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Federal Register Volume 81, Issue 99 (May 23, 2016)
| Page Range | 32230-32235 | |
| FR Document | 2016-12100 |
[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)] [Rules and Regulations] [Pages 32230-32235] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12100] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF 2008R-15P; AG Order No. 3670-2016] RIN 1140-AA38 Federal Firearms License Proceedings--Hearings AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding administrative hearings held as part of firearms license proceedings. This rule clarifies that persons requesting a hearing will be afforded the opportunity to submit facts and arguments for review and consideration during the hearing, and may make offers of settlement before or after the hearing. The regulations are intended to ensure that Federal firearms licensees and persons applying for a Federal firearms license are familiar with the hearing process relative to the denial, suspension, or revocation of a firearms license, or imposition of a civil fine. DATES: This rule is effective July 22, 2016. FOR FURTHER INFORMATION CONTACT: Shermaine Kenner, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226; telephone: (202) 648-7070. SUPPLEMENTARY INFORMATION: [[Page 32231]] I. Background The Attorney General is responsible for enforcing the Gun Control Act of 1968 (the Act), 18 U.S.C. Chapter 44. She has delegated that responsibility to the Director of ATF (Director), subject to the direction of the Attorney General and the Deputy Attorney General. 28 CFR 0.130(a). ATF has promulgated regulations that implement the Act in 27 CFR part 478. The regulations in subpart E of part 478, Sec. Sec. 478.71-478.78, relate to proceedings involving Federal firearms licenses, including the denial, suspension, or revocation of a license, or the imposition of a civil fine. In particular, Sec. 478.71 provides that the Director may issue a notice of denial, ATF Form 4498, to an applicant for a license if he has reason to believe that the applicant is not qualified, under the provisions of Sec. 478.47, to receive a license. The notice sets forth the matters of fact and law relied upon in determining that the application should be denied, and affords the applicant 15 days from the date of receipt of the notice in which to request a hearing to review the denial. If a request for a hearing is not filed within such time, the application is disapproved and a copy, so marked, is returned to the applicant. Under Sec. 478.72, an applicant who has been denied an original or renewal license may file a request with the Director of Industry Operations for a hearing to review the denial of the application. On conclusion of the hearing and after consideration of all relevant facts and circumstances presented by the applicant or his representative, the Director renders a decision confirming or reversing the denial of the application. If the decision is that the denial should stand, a certified copy of the Director's findings and conclusions is furnished to the applicant with a final notice of denial, ATF Form 5300.13.\1\ In addition, a copy of the application, marked ``Disapproved,'' is returned to the applicant. If the decision is that the license applied for should be issued, the applicant is so notified, in writing, and the license is issued. --------------------------------------------------------------------------- \1\ ATF Form 5300.13 was previously referred to as ATF Form 4501. --------------------------------------------------------------------------- Section 478.73 provides that whenever the Director has reason to believe that a firearms licensee has willfully violated any provision of the Act or part 478, a notice of revocation of the license, ATF Form 4500, may be issued. In addition, a notice of revocation, suspension, or imposition of a civil fine may be issued on ATF Form 4500 whenever the Director has reason to believe that a licensee has knowingly transferred a firearm to an unlicensed person and knowingly failed to comply with the requirements of 18 U.S.C. 922(t)(1) (relating to a National Instant Criminal Background Check System (NICS) background check) with respect to the transfer and, at the time that the transferee most recently proposed the transfer, the NICS was operating and information was available to the system demonstrating that the transferee's receipt of a firearm would violate 18 U.S.C. 922(g) or 922(n) or State law. Additionally a notice of suspension or revocation of a license, or the imposition of a civil penalty, may be issued whenever the Director has reason to believe that a licensee has violated Sec. 922(z)(1) by selling, delivering, or transferring any handgun to any person other than a licensee unless the transferee was provided with a secure gun storage or safety device for that handgun. As specified in 27 CFR 478.74, a licensee who has received a notice of license suspension or revocation of a license, or imposition of a civil fine, may, within 15 days of receipt, file a request for a hearing with the Director of Industry Operations. On conclusion of the hearing and after consideration of all the relevant presentations made at the hearing, the Director renders a decision and prepares a brief summary of the findings and conclusions on which the decision is based. If the decision is that the license should be revoked or, in actions under 18 U.S.C. 922(t)(5) or 924(p)(1), that the license should be revoked or suspended, or that a civil fine should be imposed, a certified copy of the summary is furnished to the licensee with the final notice of revocation, suspension, or imposition of a civil fine on ATF Form 5300.13. If the decision is that the license should not be revoked, or in actions under Sec. Sec. 922(t)(5) or 924(p)(1), that the license should not be revoked or suspended, and a civil fine should not be imposed, the licensee is notified in writing. Under 27 CFR 478.76, a firearms licensee or an applicant for a firearms license may be represented at a hearing by an attorney, certified public accountant, or other person recognized to practice before ATF, provided certain requirements are met. The Director may be represented in hearing proceedings by an authorized attorney in the Office of Chief Counsel. Pursuant to Sec. 478.77, hearings concerning license denials, suspensions, or revocations, or the imposition of a civil fine, must be held in a location convenient to the aggrieved party. In addition, ATF has published in the Federal Register its procedures regarding administrative hearings held as part of firearms license proceedings. See ATF 36N, 75 FR 48362, Aug. 10, 2010. II. Proposed Rule--Clarification of Hearing Proceedings On February 3, 2012, ATF published in the Federal Register a notice of proposed rulemaking (NPRM) amending the regulations in subpart E of part 478, sections 478.71-478.78 (Notice No. 32P, 77 FR 5460). The proposed regulations were intended to ensure that Federal firearms licensees and applicants for a Federal firearms license are familiar with the hearing process relative to the denial, suspension, or revocation of a firearms license, or imposition of a civil fine. Specifically, the NPRM proposed to add language stating that a hearing would be informal and that a licensee or applicant would have the opportunity to submit facts, arguments, offers of settlement, or proposals of adjustment for review and consideration as part of the hearing process. While the opportunity for a licensee or applicant to submit additional material for review and consideration has always been afforded to such parties since the enactment of the Act, this clarification of the regulations was intended to ensure that all parties involved in firearms license administrative hearings are fully aware of these opportunities. The comment period for Notice No. 32P closed on May 3, 2012. III. Summary of Comments All public comments were considered in preparing this final rule. In response to Notice No. 32P, ATF received ten comments. Five of the commenters agreed with the proposed rule. Commenters who agreed with the proposed rule primarily did so because they believed that implementation of the rule would clarify the opportunities available to an applicant or licensee requesting a hearing in response to a notice of the denial, revocation, or suspension of a firearms license, or imposition of a civil fine. Commenters who disagreed with the proposed rule did so for a variety of reasons, with the most common objection relating to the proposed addition of the term ``informal'' as applied to firearms license administrative hearings. [[Page 32232]] General Comments on the Proposed Rule One commenter stated that the proposed rule should better clarify what conduct can lead to a revocation, denial, or suspension of a Federal firearms license so that a person applying for a license can be on notice of the possibilities before taking the steps to get the license. Existing regulations in part 478, however, already specify which actions and violations by a licensee or applicant may lead to a license denial, revocation, or suspension, or imposition of a civil fine. Therefore, clarification of this matter is not needed. One commenter stated, ``[i]n order to ensure that Federal firearms licensees and applicants for a Federal firearms license are familiar with the hearing process relative to the denial, suspension, or revocation of a firearms license, or imposition of a civil fine, the information regarding the process and procedures for the denial hearing should be included in the Director of Industry Operation's report that is sent to the applicant or licensee.'' ATF already follows this practice: The notice of denial, revocation, suspension, or imposition of a civil fine includes information concerning specific procedures on how to request a hearing, a citation to the applicable regulations, and a pamphlet on the hearing process. In addition, information regarding the hearing process as well as what is required from an applicant or licensee can be found in Sec. Sec. 478.72 and 478.74, and the hearing procedures were published by ATF in the Federal Register on August 10, 2010 (ATF 36N, 75 FR 48362). Accordingly, there is no need to change the language of this regulation to address the commenter's concern. One commenter argued that this proposed rule will likely cause crime to rise by making it more difficult for law-abiding citizens to have access to firearms. The same commenter stated that penalties for violations where the Director has reason to believe that a licensee has knowingly transferred a firearm to an unlicensed person and knowingly failed to comply with the requirements of 18 U.S.C. 922(t)(l) should be strengthened. Regarding the commenter's first assertion, this rule will not have any negative effect on the ability of law-abiding citizens to acquire firearms. If anything, this rule will benefit licensees or applicants requesting hearings by informing them of their option to submit material that may mitigate or reverse ATF's decision to revoke, suspend, or deny an application for a Federal firearms license. Concerning the commenter's second assertion, strengthening the penalties in Sec. 922(t)(5) for violations of Sec. 922(t)(1) is a matter for Congress, and cannot be addressed by ATF in this rulemaking. The Department notes that the amounts of civil fines and civil penalties as set forth in various Federal statutes are subject to being increased, by regulation, to account for inflation, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, codified as amended at 28 U.S.C. 2461 note. That is a matter to be addressed in a separate rulemaking. Two commenters expressed concern that the 15-day period in which to file the request for an administrative hearing under 27 CFR 478.72 to review the denial of a license, or under Sec. 478.74 to review the revocation or suspension of a license, or the imposition of a civil fine, is too short. One commenter suggested the response period should be extended to one month from the date the applicant or licensee receives a notice of the denial, revocation, or suspension of a Federal firearms license, or imposition of a civil fine. The second commenter suggested the response period should be extended to 45 days from receipt of such notice. Both commenters argued the additional time would provide licensees and applicants with a more reasonable amount of time to respond to the notice. ATF is unaware of any evidence demonstrating that the 15-day period, which has been in place for many years, is not ample time to request a hearing.\2\ Moreover, if sufficient good cause is shown, the Director of Industry Operations may extend the time limit in individual cases pursuant to 27 CFR 478.22(a). Furthermore, the NPRM did not propose to change the 15-day period and the Department does not believe a change in the time period is necessary. However, the issue of notice as it pertains to firearms license administrative hearings may be addressed in a separate rulemaking, if necessary. --------------------------------------------------------------------------- \2\ The notice does not require that an applicant or licensee submit supporting facts, arguments, or evidence along with the request for a hearing within the 15-day period. Instead, the hearing notice merely requires a response from the applicant or licensee stating the request for an administrative hearing. --------------------------------------------------------------------------- One commenter who supported the proposed rule suggested that ATF create a ``database that ensures those who get licenses also have a photo that attaches the license and the serial number of that firearm together.'' Although novel, this suggestion is not responsive to this rulemaking's request for comments regarding administrative hearings for Federal firearms licensees. One commenter provided four comments regarding the implementation of the proposed rule. First, the commenter argued that the current ``informal'' hearing is only as informal as it suits ATF Counsel. Second, the commenter argued, ``ATF Executives previously attempted at least the appearance of fairness in its administrative licensing proceedings by promulgating and adopting guidelines--known as the Administrative Action Order (`AAO')--which required uniformity in the handling and outcomes of ATF administrative matters, yet the AAO is ignored by ATF Counsel.'' Third, the commenter argued, ``[t]he false confidence generated by a system that `stacks the deck' for one-sided adjudication in ATF's favor fosters unnecessary hostility with the industry, while obstructing bona fide ATF decision-makers from entertaining or implementing common sense solutions.'' Finally, the commenter argued, ``[n]on-communication among ATF personnel in key positions manifests itself in situations that compromise the entire bureau's integrity and reputation, not just the integrity and reputations of individual or isolated actors, and alienates the regulated environment.'' The issues presented by the commenter, while substantive and related to the firearms license administrative hearings process, generally address a separate issue of how cases are adjudicated. First, as will be discussed further below, the Department has decided to remove the word ``informal'' from the regulatory text of the final rule. Second, ATF procedures are implemented to provide fairness and uniformity to all participants. Furthermore, as noted above, ATF provides a pamphlet on the hearing process with each notice, and has published a public notice of Hearing Procedures Relating to Federal Firearms Licensees, 75 FR 48362, to provide guidance on the process. Third, the regulations do not prevent common-sense solutions, but instead permit parties to make offers of settlement for review and consideration before or after the hearing. The final rule clarifies that offers of settlement will not be entertained at the hearing because the hearing is not a settlement conference but an opportunity to establish the factual record. Fourth, communication between ATF personnel is an integral part of this process, and ATF disagrees with the commenter's assertion that ATF personnel do not communicate with one another. [[Page 32233]] One commenter suggested further amendments to the proposed rule by adding and emphasizing the word ``informal'' in additional sections not amended in the proposed rule, including the second sentence in 27 CFR 478.71 and the section title of Sec. 478.72. As will be discussed further below, however, the Department has decided to remove the word ``informal'' from the regulatory text of the final rule. Comments on Specific Sections of the Proposed Rule Several comments sought additional clarification of or suggested substantive changes to the proposed rule. Four commenters expressed concern that the use of the term ``informal'' as applied to firearms administrative license proceedings required further clarification. Additionally, one commenter argued that the proposed rule would be contrary to the requirements of the Administrative Procedure Act (APA). Informal Hearings As discussed in Section II of this preamble, the NPRM included language proposing to amend the regulations in subpart E of part 478 to clarify that firearms license administrative hearings are informal in nature and that adherence to civil court rules and procedures is consequently not required. See 77 FR at 5461. Some of the commenters expressed concern over the use of the term ``informal,'' arguing that it needed further clarification. Some of these commenters asked specifically what rules and procedures would be used in ``informal'' hearings, as well as whether and how ``informal'' proceedings would be recorded. One commenter expressed support for the rule, but expressed the following concerns about the clarity of the term ``informal'': This notice states that the hearings are to be informal in nature, however further clarification is needed here I believe. How informal exactly? Will there be a record of the proceedings in the event that the decision is appealed and how would that be handled? If adherence to civil court rules and procedure is not required, then what type of rules and procedure will be required and implemented? I think there needs to be a little more detailed description of what type of process the person who requests a hearing will go through when the person is submitting their facts and arguments. Additionally, one commenter who opposed the rule argued, ``[t]o suggest that an ATF administrative hearing--as currently constituted--is `informal' in any way is an unfettered mischaracterization.'' As the NPRM explained, the proposed rule would not change any of the procedures or rules that govern the administrative hearings provided for in Sec. Sec. 478.72 and 478.74, but would merely clarify for the benefit of the licensee or applicant the opportunities afforded to the individual requesting such a hearing. In addition, ATF's published explanation of its hearing procedures already states that ``[h]earing procedures in firearms licensing matters are informal in nature.'' 75 FR at 48363. Nonetheless, it is clear from the response of commenters both supporting and opposing the rule that the proposal to characterize firearms administrative hearings as ``informal'' in this rule would not provide additional clarification to a licensee or applicant seeking such a hearing, as was the original intent of the proposed rule. As a result of these comments, and in light of the intent to clarify as expressed in the proposed rule, the Department is modifying the final rule so that it will no longer insert the phrase ``the hearing shall be informal'' into the regulatory text. So modified, the final rule will inform the licensee or applicant of the option to submit supporting material for consideration during a requested firearms license administrative hearing without stating or implying that the nature of those hearings will otherwise change. The Administrative Procedure Act One commenter argued that the inclusion of the term ``informal'' in the proposed rule is directly contrary to what Congress intended for license hearings under 18 U.S.C. 923(f)(2), and that Congress intended all firearms license proceedings to be subject to the formal adjudication requirements of the APA. The commenter concluded, ``[t]he Administrative Procedure Act [under 5 U.S.C. 556(d)] requires that the hearings be formal proceedings where the agency has the burden of proof, where the evidence offered must be reliable, probative, and substantial, and where the applicant may present evidence and conduct cross-examination of the agency's witnesses.'' Although the provisions of the APA generally apply to firearms license administrative hearings, ATF disagrees with the conclusion that the APA's formal adjudication provisions are applicable to firearms license administrative proceedings. Under 5 U.S.C. 554(a), the formal adjudication provisions of the APA (sections 554, 556, and 557) apply ``in every case of an adjudication required by statute to be determined on the record after opportunity for an agency hearing.'' 5 U.S.C. 554(a). In order to trigger this requirement, courts have held, a statute generally must state that an agency shall provide a ``hearing on the record,'' rather than just a ``hearing.'' R.R. Comm'n of Tex. v. United States, 765 F.2d 221, 227 (D.C. Cir. 1985). Moreover, the APA's formal adjudication provisions do not apply ``to the extent that there is involved . . . a matter subject to a subsequent trial of the law and the facts de novo in a court.'' 5 U.S.C. 554(a)(1). The Act does not trigger the formal adjudication provisions of the APA with respect to firearms hearings. The pertinent provisions of the Act require the Attorney General to hold ``a hearing,'' not a hearing ``on the record,'' in connection with the denial, revocation, or suspension of a license, or imposition of a civil fine. See 18 U.S.C. 922(t)(5), 923(f)(2), 924(p)(1). Moreover, 18 U.S.C. 923(f)(3) permits an aggrieved party to, at any time within sixty days after the date notice of a decision is given, ``file a petition with the United States district court for the district in which he resides or has his principal place of business for a de novo judicial review of [a license] denial or revocation.'' See also 27 CFR 478.78 (authorizing a dissatisfied applicant or licensee to ``file a petition for judicial review . . . with the U.S. district court for the district in which the applicant or licensee resides or has his principal place of business''). Accordingly, the APA's formal adjudication procedures do not apply to ATF hearings conducted pursuant to 27 CFR 478.72 and 478.74. See Shaffer v. Holder, No. 1:09-0030, 2010 U.S. Dist. LEXIS 31415, at *10, 2010 WL 1408829, at *14 (M.D. Tenn. Mar. 30, 2010). The commenter also cites APA procedural requirements contained in 5 U.S.C. 556. However, section 556(a) provides as follows: ``This section applies, according to the provisions thereof, to hearings required by section 553 or 554 of this title to be conducted in accordance with this section.'' Sections 553 or 554 state that the procedural requirements of section 556 apply to rules and adjudications that are ``required by statute to be made [or determined] on the record after opportunity for an agency hearing.'' As discussed above, the Act does not require firearms licensing hearings to be conducted ``on the record.'' IV. Final Rule For the reasons discussed above, this final rule has been revised from the proposed rule to omit any references that characterize hearings concerning the denial, suspension, or revocation of [[Page 32234]] a firearms license, or imposition of a civil fine, as ``informal.'' In addition, the Department is removing the term ``or proposals of adjustment'' in the final rule. The term ``proposals of adjustment'' is redundant when used with ``offers of settlement'' and is therefore unnecessary. The final rule will also clarify that during the hearing the applicant or licensee will have the opportunity to submit facts and arguments for review and consideration. Offers of settlement may be made before or after the hearing, but will not be entertained at the hearing, as the purpose of the hearing is to establish a factual record. The Department has also revised sections 478.73 and 478.74 to clarify that those sections apply to actions to revoke or suspend a license, or impose a civil fine, under 18 U.S.C. 924(p). This is a technical change that merely reiterates the requirements of the statute, see 18 U.S.C. 924(p)(1)(A) (stating that applicants are entitled to ``notice and opportunity for hearing'' in such actions), and codifies ATF's prior interpretation of sections 478.73 and 478.74, see 75 FR at 48362-63. Statutory and Executive Order Reviews A. Executive Order 12866 and 13563 This rule has been drafted and reviewed in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' section 1(b), Principles of Regulation, and in accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' section 1, General Principles of Regulation, and section 6, Retrospective Analyses of Existing Rules. 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 Department has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits. This rule will not have an annual effect on the economy of $100 million or more, 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. Similarly, it does not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency, materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof, or raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in Executive Order 12866. Accordingly, this proposed rule is not a ``significant regulatory action'' as defined by Executive Order 12866. Section 6 of Executive Order 13563 directs agencies to develop a plan to review existing significant rules that may be ``outmoded, ineffective, insufficient, or excessively burdensome,'' and to make appropriate changes where warranted. The Department selected and reviewed this rule under the criteria set forth in its Plan for Retrospective Analysis of Existing Rules, and determined that this final rule merely clarifies that an applicant or licensee requesting an administrative hearing as a result of the denial, suspension, or revocation of a firearms license, or the imposition of a civil fine, will have the opportunity for the submission and consideration of facts and arguments for review and consideration by the Director, and to make offers of settlement before or after a hearing. B. Executive Order 13132 This regulation 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. 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 rule and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities. The amendments merely clarify that an applicant or licensee requesting an administrative hearing as a result of the denial, suspension, or revocation of a firearms license, or the imposition of a civil fine, will have the opportunity for the submission and consideration of facts and arguments for review and consideration by the Director, and to make offers of settlement before or after a hearing. E. Small Business Regulatory Enforcement Fairness Act of 1996 This 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 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 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 This final rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act. Disclosure Copies of the NPRM, all comments received in response to the NPRM, and this final rule will be available for public inspection by appointment during normal business hours at: ATF Reading Room, Room 1E- 062, 99 New York Avenue NE., Washington, DC 20226; telephone: (202) 648-8740. Drafting Information The author of this document is Shermaine Kenner, Office of Regulatory [[Page 32235]] 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 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. 847, 921-930; 44 U.S.C. 3504(h). 0 2. In Sec. 478.72, add a new fifth sentence to read as follows: Sec. 478.72 Hearing after application denial. * * * During the hearing the applicant will have the opportunity to submit facts and arguments for review and consideration; offers of settlement will not be entertained at the hearing but may be made before or after the hearing. * * * 0 3. In Sec. 478.73, revise the last sentence of paragraph (a) to read as follows: Sec. 478.73 Notice of revocation, suspension, or imposition of civil fine. (a) * * * In addition, pursuant to 18 U.S.C. 922(t)(5) and 18 U.S.C. 924(p), a notice of revocation, suspension, or imposition of a civil fine may be issued on ATF Form 4500 whenever the Director has reason to believe that a licensee has knowingly transferred a firearm to an unlicensed person and knowingly failed to comply with the requirements of 18 U.S.C. 922(t)(1) with respect to the transfer and, at the time that the transferee most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that the transferee's receipt of a firearm would violate 18 U.S.C. 922(g) or 922(n) or State law; or that a licensee has violated 18 U.S.C. 922(z)(1) by selling, delivering, or transferring any handgun to any person other than a licensee, unless the transferee was provided with a secure gun storage or safety device for that handgun. * * * * * 0 4. In Sec. 478.74, revise the fifth and sixth sentences and add a seventh sentence to read as follows: Sec. 478.74 Request for hearing after notice of suspension, revocation, or imposition of civil fine. * * * If the decision is that the license should be revoked, or, in actions under 18 U.S.C. 922(t)(5) or 924(p), that the license should be revoked or suspended, or that a civil fine should be imposed, a certified copy of the summary shall be furnished to the licensee with the final notice of revocation, suspension, or imposition of a civil fine on ATF Form 5300.13. If the decision is that the license should not be revoked, or in actions under 18 U.S.C. 922(t)(5) or 924(p), that the license should not be revoked or suspended, and a civil fine should not be imposed, the licensee shall be notified in writing. During the hearing the licensee will have the opportunity to submit facts and arguments for review and consideration; offers of settlement will not be entertained at the hearing but may be made before or after the hearing. Dated: May 17, 2016. Loretta E. Lynch, Attorney General. [FR Doc. 2016-12100 Filed 5-20-16; 8:45 am] BILLING CODE 4410-FY-P
![32230 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations
State law or State regulation or affect the Executive Order 13211 (Energy Effects) U.S.C. 104(b)(1), pending a final
States’ ability to discharge traditional This final rule has been analyzed determination.
State governmental functions. under Executive Order 13211. The (b) Funds withheld pursuant to a final
FHWA has determined that it is not a administrative determination under this
Executive Order 12372
significant energy action under that regulation shall be reapportioned to all
(Intergovernmental Review)
order because it is not a significant other eligible States pursuant to the
The regulations implementing regulatory action under Executive Order formulas of 23 U.S.C. 104(b)(1) and the
Executive Order 12372 regarding 12866 and this final rule is not likely to apportionment factors in effect at the
intergovernmental consultation on have a significant adverse effect on the time of the original apportionments,
Federal programs and activities apply to supply, distribution, or use of energy. unless the Secretary determines, on the
these programs. basis of information submitted by the
Regulation Identification Number State, that the state has come into
Paperwork Reduction Act conformity with this regulation prior to
A regulation identification number
This final rule does not create any (RIN) is assigned to each regulatory the final determination. * * *
new information collection action listed in the Unified Agenda of * * * * *
requirements for which submission to Federal Regulations. The Regulatory [FR Doc. 2016–11961 Filed 5–20–16; 8:45 am]
the Office of Management and Budget Information Service Center publishes BILLING CODE 4910–22–P
would be needed under the Paperwork the Unified Agenda in April and
Reduction Act of 1995 (44 U.S.C. 3501– October of each year. The RINs
3520). contained in the heading of this DEPARTMENT OF JUSTICE
document can be used to cross reference
National Environmental Policy Act Bureau of Alcohol, Tobacco, Firearms,
this action with the Unified Agenda.
The FHWA has analyzed this final and Explosives
List of Subjects in 23 CFR Part 669
rule for the purpose of the National
Environmental Policy Act of 1969 (42 Excise taxes, Grant programs- 27 CFR Part 478
U.S.C. 4321–4347) and has determined transportation, Highways and roads, [Docket No. ATF 2008R–15P; AG Order No.
that this action will not have any effect Motor vehicles. 3670–2016]
on the quality of the environment. Issued on: May 13, 2016.
RIN 1140–AA38
Executive Order 13175 (Tribal Gregory G. Nadeau,
Consultation) Administrator, Federal Highway Federal Firearms License
Administration. Proceedings—Hearings
The FHWA has analyzed this final In consideration of the foregoing, 23
rule under Executive Order 13175. The AGENCY: Bureau of Alcohol, Tobacco,
CFR part 669 is amended as set forth Firearms, and Explosives (ATF),
FHWA concluded that the final rule will below.
not have substantial direct effects on Department of Justice.
one or more Indian tribes; will not PART 669—ENFORCEMENT OF ACTION: Final rule.
impose substantial direct compliance HEAVY VEHICLE USE TAX
costs on Indian tribal government; and SUMMARY: The Department of Justice is
will not preempt tribal law. There are ■ 1. Revise the authority citation for part amending the regulations of the Bureau
no requirements set forth in the final 699 to read as follows: of Alcohol, Tobacco, Firearms, and
rule that directly affect one or more Explosives (ATF) regarding
Authority: 23 U.S.C. 141(c) and 315; 49
Indian tribes. Therefore, a tribal administrative hearings held as part of
CFR 1.85.
summary impact statement is not firearms license proceedings. This rule
required. ■ 2. Revise § 669.13 to read as follows: clarifies that persons requesting a
hearing will be afforded the opportunity
Executive Order 12988 (Civil Justice § 669.13 Effect of failure to certify or to to submit facts and arguments for
Reform) adequately obtain proof-of-payment. review and consideration during the
If a State fails to certify as required by hearing, and may make offers of
This rule meets applicable standards this regulation or if the Secretary of settlement before or after the hearing.
in sections 3(a) and 3(b)(2) of Executive Transportation determines that a State is The regulations are intended to ensure
Order 12988 to minimize litigation, not adequately obtaining proof-of- that Federal firearms licensees and
eliminate ambiguity, and reduce payment of the heavy vehicle use tax as persons applying for a Federal firearms
burden. a condition of registration license are familiar with the hearing
Executive Order 13045 (Protection of notwithstanding the State’s certification, process relative to the denial,
Children) Federal-aid highway funds apportioned suspension, or revocation of a firearms
to the State under 23 U.S.C. 104(b)(1) for license, or imposition of a civil fine.
Under Executive Order 13045 this the next fiscal year shall be reduced in DATES: This rule is effective July 22,
final rule is not economically significant an amount up to 8 percent as
and does not involve an environmental 2016.
determined by the Secretary.
risk to health and safety that may FOR FURTHER INFORMATION CONTACT:
■ 3. Amend § 669.19 by revising
disproportionally affect children. Shermaine Kenner, Office of Regulatory
paragraph (a) and the first sentence of
sradovich on DSK3TPTVN1PROD with RULES
Affairs, Enforcement Programs and
Executive Order 12630 (Taking of paragraph (b) to read as follows:
Services, Bureau of Alcohol, Tobacco,
Private Property)
§ 669.19 Reservation and reapportionment Firearms, and Explosives, U.S.
This final rule will not affect a taking of funds. Department of Justice, 99 New York
of private property or otherwise have (a) The Administrator may reserve Avenue NE., Washington, DC 20226;
taking implications under Executive from obligation up to 8 percent of a telephone: (202) 648–7070.
Order 12630. State’s apportionment of funds under 23 SUPPLEMENTARY INFORMATION:
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![32232 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations
General Comments on the Proposed application for a Federal firearms regarding administrative hearings for
Rule license. Concerning the commenter’s Federal firearms licensees.
One commenter stated that the second assertion, strengthening the One commenter provided four
proposed rule should better clarify what penalties in § 922(t)(5) for violations of comments regarding the implementation
conduct can lead to a revocation, denial, § 922(t)(1) is a matter for Congress, and of the proposed rule. First, the
cannot be addressed by ATF in this commenter argued that the current
or suspension of a Federal firearms
rulemaking. The Department notes that ‘‘informal’’ hearing is only as informal
license so that a person applying for a
the amounts of civil fines and civil as it suits ATF Counsel. Second, the
license can be on notice of the
penalties as set forth in various Federal commenter argued, ‘‘ATF Executives
possibilities before taking the steps to
statutes are subject to being increased, previously attempted at least the
get the license. Existing regulations in
by regulation, to account for inflation, appearance of fairness in its
part 478, however, already specify
pursuant to the Federal Civil Penalties administrative licensing proceedings by
which actions and violations by a
Inflation Adjustment Act of 1990, promulgating and adopting guidelines—
licensee or applicant may lead to a
codified as amended at 28 U.S.C. 2461 known as the Administrative Action
license denial, revocation, or
note. That is a matter to be addressed in Order (‘AAO’)—which required
suspension, or imposition of a civil fine. uniformity in the handling and
Therefore, clarification of this matter is a separate rulemaking.
Two commenters expressed concern outcomes of ATF administrative
not needed. matters, yet the AAO is ignored by ATF
One commenter stated, ‘‘[i]n order to that the 15-day period in which to file
the request for an administrative hearing Counsel.’’ Third, the commenter argued,
ensure that Federal firearms licensees
under 27 CFR 478.72 to review the ‘‘[t]he false confidence generated by a
and applicants for a Federal firearms
denial of a license, or under § 478.74 to system that ‘stacks the deck’ for one-
license are familiar with the hearing
review the revocation or suspension of sided adjudication in ATF’s favor
process relative to the denial,
a license, or the imposition of a civil fosters unnecessary hostility with the
suspension, or revocation of a firearms industry, while obstructing bona fide
license, or imposition of a civil fine, the fine, is too short. One commenter
ATF decision-makers from entertaining
information regarding the process and suggested the response period should be
or implementing common sense
procedures for the denial hearing extended to one month from the date
solutions.’’ Finally, the commenter
should be included in the Director of the applicant or licensee receives a
argued, ‘‘[n]on-communication among
Industry Operation’s report that is sent notice of the denial, revocation, or
ATF personnel in key positions
to the applicant or licensee.’’ ATF suspension of a Federal firearms license,
manifests itself in situations that
already follows this practice: The notice or imposition of a civil fine. The second
compromise the entire bureau’s integrity
of denial, revocation, suspension, or commenter suggested the response
and reputation, not just the integrity and
imposition of a civil fine includes period should be extended to 45 days
reputations of individual or isolated
information concerning specific from receipt of such notice. Both
actors, and alienates the regulated
procedures on how to request a hearing, commenters argued the additional time environment.’’
a citation to the applicable regulations, would provide licensees and applicants The issues presented by the
and a pamphlet on the hearing process. with a more reasonable amount of time commenter, while substantive and
In addition, information regarding the to respond to the notice. ATF is related to the firearms license
hearing process as well as what is unaware of any evidence demonstrating administrative hearings process,
required from an applicant or licensee that the 15-day period, which has been generally address a separate issue of
can be found in §§ 478.72 and 478.74, in place for many years, is not ample how cases are adjudicated. First, as will
and the hearing procedures were time to request a hearing.2 Moreover, if be discussed further below, the
published by ATF in the Federal sufficient good cause is shown, the Department has decided to remove the
Register on August 10, 2010 (ATF 36N, Director of Industry Operations may word ‘‘informal’’ from the regulatory
75 FR 48362). Accordingly, there is no extend the time limit in individual cases text of the final rule. Second, ATF
need to change the language of this pursuant to 27 CFR 478.22(a). procedures are implemented to provide
regulation to address the commenter’s Furthermore, the NPRM did not propose fairness and uniformity to all
concern. to change the 15-day period and the participants. Furthermore, as noted
One commenter argued that this Department does not believe a change in above, ATF provides a pamphlet on the
proposed rule will likely cause crime to the time period is necessary. However, hearing process with each notice, and
rise by making it more difficult for law- the issue of notice as it pertains to has published a public notice of Hearing
abiding citizens to have access to firearms license administrative hearings Procedures Relating to Federal Firearms
firearms. The same commenter stated may be addressed in a separate Licensees, 75 FR 48362, to provide
that penalties for violations where the rulemaking, if necessary. guidance on the process. Third, the
Director has reason to believe that a One commenter who supported the regulations do not prevent common-
licensee has knowingly transferred a proposed rule suggested that ATF create sense solutions, but instead permit
firearm to an unlicensed person and a ‘‘database that ensures those who get parties to make offers of settlement for
knowingly failed to comply with the licenses also have a photo that attaches review and consideration before or after
requirements of 18 U.S.C. 922(t)(l) the license and the serial number of that the hearing. The final rule clarifies that
should be strengthened. Regarding the firearm together.’’ Although novel, this offers of settlement will not be
commenter’s first assertion, this rule suggestion is not responsive to this entertained at the hearing because the
will not have any negative effect on the rulemaking’s request for comments hearing is not a settlement conference
sradovich on DSK3TPTVN1PROD with RULES
ability of law-abiding citizens to acquire but an opportunity to establish the
firearms. If anything, this rule will 2 The notice does not require that an applicant or factual record. Fourth, communication
benefit licensees or applicants licensee submit supporting facts, arguments, or between ATF personnel is an integral
requesting hearings by informing them evidence along with the request for a hearing within part of this process, and ATF disagrees
the 15-day period. Instead, the hearing notice
of their option to submit material that merely requires a response from the applicant or
with the commenter’s assertion that
may mitigate or reverse ATF’s decision licensee stating the request for an administrative ATF personnel do not communicate
to revoke, suspend, or deny an hearing. with one another.
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![Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations 32233
One commenter suggested further As the NPRM explained, the proposed U.S.C. 554(a). In order to trigger this
amendments to the proposed rule by rule would not change any of the requirement, courts have held, a statute
adding and emphasizing the word procedures or rules that govern the generally must state that an agency shall
‘‘informal’’ in additional sections not administrative hearings provided for in provide a ‘‘hearing on the record,’’
amended in the proposed rule, §§ 478.72 and 478.74, but would merely rather than just a ‘‘hearing.’’ R.R.
including the second sentence in 27 clarify for the benefit of the licensee or Comm’n of Tex. v. United States, 765
CFR 478.71 and the section title of applicant the opportunities afforded to F.2d 221, 227 (D.C. Cir. 1985).
§ 478.72. As will be discussed further the individual requesting such a Moreover, the APA’s formal
below, however, the Department has hearing. In addition, ATF’s published adjudication provisions do not apply
decided to remove the word ‘‘informal’’ explanation of its hearing procedures ‘‘to the extent that there is involved . . .
from the regulatory text of the final rule. already states that ‘‘[h]earing procedures a matter subject to a subsequent trial of
in firearms licensing matters are the law and the facts de novo in a
Comments on Specific Sections of the informal in nature.’’ 75 FR at 48363. court.’’ 5 U.S.C. 554(a)(1).
Proposed Rule Nonetheless, it is clear from the The Act does not trigger the formal
Several comments sought additional response of commenters both adjudication provisions of the APA with
clarification of or suggested substantive supporting and opposing the rule that respect to firearms hearings. The
changes to the proposed rule. Four the proposal to characterize firearms pertinent provisions of the Act require
commenters expressed concern that the administrative hearings as ‘‘informal’’ in the Attorney General to hold ‘‘a
use of the term ‘‘informal’’ as applied to this rule would not provide additional hearing,’’ not a hearing ‘‘on the record,’’
firearms administrative license clarification to a licensee or applicant in connection with the denial,
proceedings required further seeking such a hearing, as was the revocation, or suspension of a license,
clarification. Additionally, one original intent of the proposed rule. or imposition of a civil fine. See 18
commenter argued that the proposed As a result of these comments, and in U.S.C. 922(t)(5), 923(f)(2), 924(p)(1).
rule would be contrary to the light of the intent to clarify as expressed Moreover, 18 U.S.C. 923(f)(3) permits an
requirements of the Administrative in the proposed rule, the Department is aggrieved party to, at any time within
Procedure Act (APA). modifying the final rule so that it will sixty days after the date notice of a
no longer insert the phrase ‘‘the hearing decision is given, ‘‘file a petition with
Informal Hearings shall be informal’’ into the regulatory the United States district court for the
As discussed in Section II of this text. So modified, the final rule will district in which he resides or has his
preamble, the NPRM included language inform the licensee or applicant of the principal place of business for a de novo
proposing to amend the regulations in option to submit supporting material for judicial review of [a license] denial or
subpart E of part 478 to clarify that consideration during a requested revocation.’’ See also 27 CFR 478.78
firearms license administrative hearings firearms license administrative hearing (authorizing a dissatisfied applicant or
are informal in nature and that without stating or implying that the licensee to ‘‘file a petition for judicial
adherence to civil court rules and nature of those hearings will otherwise review . . . with the U.S. district court
procedures is consequently not change. for the district in which the applicant or
required. See 77 FR at 5461. Some of the licensee resides or has his principal
The Administrative Procedure Act
commenters expressed concern over the place of business’’). Accordingly, the
use of the term ‘‘informal,’’ arguing that One commenter argued that the APA’s formal adjudication procedures
it needed further clarification. Some of inclusion of the term ‘‘informal’’ in the do not apply to ATF hearings conducted
these commenters asked specifically proposed rule is directly contrary to pursuant to 27 CFR 478.72 and 478.74.
what rules and procedures would be what Congress intended for license See Shaffer v. Holder, No. 1:09–0030,
hearings under 18 U.S.C. 923(f)(2), and 2010 U.S. Dist. LEXIS 31415, at *10,
used in ‘‘informal’’ hearings, as well as
that Congress intended all firearms 2010 WL 1408829, at *14 (M.D. Tenn.
whether and how ‘‘informal’’
license proceedings to be subject to the Mar. 30, 2010).
proceedings would be recorded.
formal adjudication requirements of the The commenter also cites APA
One commenter expressed support for
APA. The commenter concluded, ‘‘[t]he procedural requirements contained in 5
the rule, but expressed the following
Administrative Procedure Act [under 5 U.S.C. 556. However, section 556(a)
concerns about the clarity of the term
U.S.C. 556(d)] requires that the hearings provides as follows: ‘‘This section
‘‘informal’’:
be formal proceedings where the agency applies, according to the provisions
This notice states that the hearings are to has the burden of proof, where the thereof, to hearings required by section
be informal in nature, however further evidence offered must be reliable, 553 or 554 of this title to be conducted
clarification is needed here I believe. How probative, and substantial, and where
informal exactly? Will there be a record of
in accordance with this section.’’
the proceedings in the event that the decision
the applicant may present evidence and Sections 553 or 554 state that the
is appealed and how would that be handled? conduct cross-examination of the procedural requirements of section 556
If adherence to civil court rules and agency’s witnesses.’’ apply to rules and adjudications that are
procedure is not required, then what type of Although the provisions of the APA ‘‘required by statute to be made [or
rules and procedure will be required and generally apply to firearms license determined] on the record after
implemented? I think there needs to be a administrative hearings, ATF disagrees opportunity for an agency hearing.’’ As
little more detailed description of what type with the conclusion that the APA’s discussed above, the Act does not
of process the person who requests a hearing formal adjudication provisions are require firearms licensing hearings to be
will go through when the person is applicable to firearms license
submitting their facts and arguments.
conducted ‘‘on the record.’’
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administrative proceedings. Under 5
Additionally, one commenter who U.S.C. 554(a), the formal adjudication IV. Final Rule
opposed the rule argued, ‘‘[t]o suggest provisions of the APA (sections 554, For the reasons discussed above, this
that an ATF administrative hearing—as 556, and 557) apply ‘‘in every case of an final rule has been revised from the
currently constituted—is ‘informal’ in adjudication required by statute to be proposed rule to omit any references
any way is an unfettered determined on the record after that characterize hearings concerning
mischaracterization.’’ opportunity for an agency hearing.’’ 5 the denial, suspension, or revocation of
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![Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Rules and Regulations 32235
Affairs, Enforcement Programs and gun storage or safety device for that maintain the ozone standard for the
Services, Bureau of Alcohol, Tobacco, handgun. area. The intended effect of this action
Firearms, and Explosives. * * * * * is to approve New Hampshire’s
■ 4. In § 478.74, revise the fifth and
maintenance plan. This action is being
List of Subjects in 27 CFR Part 478
sixth sentences and add a seventh taken in accordance with the Clean Air
Administrative practice and sentence to read as follows: Act.
procedure, Arms and munitions, DATES: This direct final rule will be
Customs duties and inspection, Exports, § 478.74 Request for hearing after notice effective July 22, 2016, unless EPA
Imports, Intergovernmental relations, of suspension, revocation, or imposition of receives adverse comments by June 22,
Law enforcement officers, Military civil fine.
2016. If adverse comments are received,
personnel, Penalties, Reporting and * * * If the decision is that the EPA will publish a timely withdrawal of
recordkeeping requirements, Research, license should be revoked, or, in actions the direct final rule in the Federal
Seizures and forfeitures, and under 18 U.S.C. 922(t)(5) or 924(p), that Register informing the public that the
Transportation. the license should be revoked or rule will not take effect.
suspended, or that a civil fine should be ADDRESSES: Submit your comments,
Authority and Issuance imposed, a certified copy of the identified by Docket ID No. EPA–R01–
Accordingly, for the reasons summary shall be furnished to the OAR–2012–0289 at http://
discussed in the preamble, 27 CFR part licensee with the final notice of www.regulations.gov, or via email to
478 is amended as follows: revocation, suspension, or imposition of arnold.anne@epa.gov. For comments
a civil fine on ATF Form 5300.13. If the submitted at Regulations.gov, follow the
PART 478—COMMERCE IN FIREARMS decision is that the license should not online instructions for submitting
AND AMMUNITION be revoked, or in actions under 18 comments. Once submitted, comments
U.S.C. 922(t)(5) or 924(p), that the cannot be edited or removed from
■ 1. The authority citation for 27 CFR license should not be revoked or Regulations.gov. For either manner of
part 478 continues to read as follows: suspended, and a civil fine should not submission, the EPA may publish any
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, be imposed, the licensee shall be comment received to its public docket.
921–930; 44 U.S.C. 3504(h). notified in writing. During the hearing Do not submit electronically any
the licensee will have the opportunity to information you consider to be
■ 2. In § 478.72, add a new fifth submit facts and arguments for review Confidential Business Information (CBI)
sentence to read as follows: and consideration; offers of settlement or other information whose disclosure is
will not be entertained at the hearing restricted by statute. Multimedia
§ 478.72 Hearing after application denial.
but may be made before or after the submissions (audio, video, etc.) must be
* * * During the hearing the hearing. accompanied by a written comment.
applicant will have the opportunity to Dated: May 17, 2016. The written comment is considered the
submit facts and arguments for review
Loretta E. Lynch, official comment and should include
and consideration; offers of settlement
Attorney General. discussion of all points you wish to
will not be entertained at the hearing
[FR Doc. 2016–12100 Filed 5–20–16; 8:45 am] make. The EPA will generally not
but may be made before or after the
consider comments or comment
hearing. * * * BILLING CODE 4410–FY–P
contents located outside of the primary
■ 3. In § 478.73, revise the last sentence submission (i.e. on the web, cloud, or
of paragraph (a) to read as follows: other file sharing system). For
ENVIRONMENTAL PROTECTION
AGENCY additional submission methods, please
§ 478.73 Notice of revocation, suspension,
or imposition of civil fine. contact the person identified in the FOR
40 CFR Part 52 FURTHER INFORMATION CONTACT section.
(a) * * * In addition, pursuant to 18 For the full EPA public comment policy,
U.S.C. 922(t)(5) and 18 U.S.C. 924(p), a [EPA–R01–OAR–2012–0289; FRL–9946–69– information about CBI or multimedia
notice of revocation, suspension, or Region 1]
submissions, and general guidance on
imposition of a civil fine may be issued making effective comments, please visit
Air Plan Approval; New Hampshire;
on ATF Form 4500 whenever the http://www2.epa.gov/dockets/
Ozone Maintenance Plan
Director has reason to believe that a commenting-epa-dockets.
licensee has knowingly transferred a AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT:
firearm to an unlicensed person and Agency. Anne Arnold, Air Quality Planning
knowingly failed to comply with the ACTION: Direct final rule. Unit, U.S. Environmental Protection
requirements of 18 U.S.C. 922(t)(1) with Agency, Suite 100, Mail Code OEP05–
respect to the transfer and, at the time SUMMARY: The Environmental Protection 02, Boston, MA 02109–3912, telephone
that the transferee most recently Agency (EPA) is approving a State number (617) 918–1047, fax number
proposed the transfer, the national Implementation Plan (SIP) revision (617) 918–0047, email arnold.anne@
instant criminal background check submitted by the State of New epa.gov.
system was operating and information Hampshire that contains an ozone
was available to the system maintenance plan for New Hampshire’s SUPPLEMENTARY INFORMATION:
demonstrating that the transferee’s former 1-hour ozone nonattainment Throughout this document whenever
sradovich on DSK3TPTVN1PROD with RULES
receipt of a firearm would violate 18 areas. The Clean Air Act requires that ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
U.S.C. 922(g) or 922(n) or State law; or areas that are designated attainment for EPA.
that a licensee has violated 18 U.S.C. the 1997 8-hour ozone standard, and Organization of this document. The
922(z)(1) by selling, delivering, or also had been previously designated following outline is provided to aid in
transferring any handgun to any person either nonattainment or maintenance for locating information in this preamble.
other than a licensee, unless the the 1-hour ozone standard, develop a I. What is the background for this action?
transferee was provided with a secure plan showing how the state will II. What action is EPA taking?
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Document Created: 2018-02-07 15:07:11
Document Modified: 2018-02-07 15:07:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 22, 2016. | |
| 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. | |
| FR Citation | 81 FR 32230 | |
| RIN Number | 1140-AA38 | |
| CFR Associated | 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 |
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