81 FR 33448 - Commerce in Firearms and Explosives; Secure Gun Storage, Amended Definition of Antique Firearm, and Miscellaneous Amendments
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives Federal Register Volume 81, Issue 102 (May 26, 2016)
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Federal Register Volume 81, Issue 102 (May 26, 2016)
| Page Range | 33448-33453 | |
| FR Document | 2016-12364 |
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)] [Proposed Rules] [Pages 33448-33453] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12364] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF 24P; AG Order No. 3672-2016] RIN 1140-AA10 Commerce in Firearms and Explosives; Secure Gun Storage, Amended Definition of Antique Firearm, and Miscellaneous Amendments AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Department of Justice (DOJ) proposes amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), largely to codify into regulation certain provisions of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999. The proposed rule would amend ATF's regulations to account for the existing statutory requirement for applicants for firearms dealer licenses to certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals. This certification is already included in the ATF Form 7, Application for Federal Firearms License. The proposed regulation would also require applicants for manufacturer or importer licenses to complete the certification if the licensee will have premises where firearms are sold to nonlicensees. Moreover, the proposed regulation would require that the secure gun storage or safety device be compatible with the firearms offered for sale by the licensee. Finally, it also would conform the definitions of certain terms to the statutory language set forth in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, including the definition of ``antique firearm,'' which would be amended to include certain modern muzzle loading firearms. DATES: Written comments must be postmarked and electronic comments must be submitted on or before August [[Page 33449]] 24, 2016. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period. ADDRESSES: Send comments to any of the following addresses--George M. Fodor, Mailstop 6.N-523, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226; ATTN: ATF 24P. Written comments may be of any length and must appear in a minimum 12-point type (.17 inches), include a complete mailing address, and be signed. 202-648-9741 (facsimile). http://www.regulations.gov. Federal eRulemaking portal; follow the instructions for submitting comments. You may also view an electronic version of this proposed rule at the http://www.regulations.gov site. See the Public Participation section at the end of the SUPPLEMENTARY INFORMATION section for instructions and requirements for submitting comments, and for information on how to request a public hearing. FOR FURTHER INFORMATION CONTACT: George M. Fodor, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226, telephone (202) 648-7070. SUPPLEMENTARY INFORMATION: Background On October 21, 1998, Public Law 105-277 (112 Stat. 2681), the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (the Act), was enacted. Among other things, the Act amended the Gun Control Act of 1968 (GCA), as amended (18 U.S.C. Chapter 44). Some of the GCA amendments made by the Act and the proposed regulation changes implementing the law are as follows\1\: --------------------------------------------------------------------------- \1\ This proposed rule does not implement the Child Safety Lock Act of 2005 (CSLA), enacted as part of Public Law 109-92 (119 Stat. 2095), the Protection of Lawful Commerce in Arms Act. The CSLA amended the GCA by adding a new subsection, 18 U.S.C. 922(z), that makes it unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person not licensed under 18 U.S.C. Chapter 44, unless the transferee (buyer) is provided with a secure gun storage or safety device for that handgun. A number of exceptions are provided to this requirement, including transfers of handguns to law enforcement agencies and law enforcement officers and transfers of handguns classified as curios or relics. --------------------------------------------------------------------------- (1) Secure Gun Storage. The Act amended subsection 923(d)(1) of the GCA (18 U.S.C. 923(d)(1)) to require that, with certain exceptions, applicants for firearm dealer licenses certify the availability of secure gun storage or safety devices at any place where firearms are sold under the license to nonlicensees. 18 U.S.C. 923(d)(1)(G). ATF interprets this provision as requiring secure gun storage or safety devices to be compatible with the firearms offered for sale by the licensee. Therefore, applicants are required to certify the availability of compatible secure gun storage or safety devices at any place where firearms are sold under the license to nonlicensees. The certification requirement does not apply where a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. Id. The Department proposes to add a new section 27 CFR 478.104 to specify the terms of the certification requirement. ATF interprets the certification requirement to apply to applicants for importer or manufacturer licenses if the licensee will have premises where firearms are sold to nonlicensees. Federal regulations provide that a licensed importer or a licensed manufacturer may engage in the business on the licensed premises as a dealer in the same type of firearms authorized by the license to be imported or manufactured. 27 CFR 478.41(b). As such, an applicant for an importer or manufacturer license who will be engaged in the business as a dealer and have premises where firearms are sold to nonlicensees will be required to complete the certification. In addition, the Act amended subsection 923(e) of the GCA (18 U.S.C. 923(e)) to provide that the Attorney General may revoke the license of any federal firearms licensee who fails to have secure gun storage or safety devices available at any place where firearms are sold under the license to nonlicensees, subject to the same exceptions noted above. The Department proposes to amend 27 CFR 478.73 to codify into regulation this provision of the law. The Act defined the term ``secure gun storage or safety device'' in 18 U.S.C. 921(a)(34) to mean: (1) A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; (2) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or (3) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. The Department proposes to amend 27 CFR 478.11 by adding a definition for the term ``secure gun storage or safety device'' that tracks the language in the statute. An uncodified provision of the Act provides that ``[n]otwithstanding any other provision of law, evidence regarding compliance or noncompliance [with the secure gun storage or safety device requirement] shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.'' Public Law 105-277 sec. 119, reprinted in 18 U.S.C. 923 note. ATF construes this section as applying to civil liability actions against dealers and other similar actions, and not to proceedings associated with license denials or revocations (or appeals in federal court from decisions in such proceedings) involving noncompliance with the secure gun storage or safety device requirement of the GCA. A basic tenet of statutory construction is that each provision in a law is intended to have some effect. To interpret this provision as applying to license denial and revocation proceedings would result in the amendments to sections 923(d)(1) and (e) having no effective enforcement mechanism. To give meaning to the secure gun storage or safety device requirement and the authorization for the revocation of a license if the federal firearm licensee fails to have secure gun storage or safety devices available, ATF reads this evidentiary limitation as not applying to license denial and revocation proceedings. The provisions of the Act relating to secure gun storage became effective April 19, 1999. (2) Definition of Antique Firearm. The Act also amended the definition of ``antique firearm'' in the GCA to include certain modern muzzle loading firearms. Specifically, section 115 of the Act amended the definition of ``antique firearm'' in subsection 921(a)(16) to include a weapon that is a muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol; that is designed to use black powder or a black powder substitute; and that cannot use fixed ammunition. The term expressly does not include any weapon that incorporates a firearm frame or receiver; any firearm converted into a muzzle-loading weapon; or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the [[Page 33450]] barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. 921(a)(16)(C). The provisions of the Act relating to antique firearms became effective upon the date of enactment, October 21, 1998. The Department proposes to amend 27 CFR 478.11 to reflect the definition of the term ``antique firearm'' set forth in the Act. (3) Miscellaneous Amendments. Prior to amendment by the Act, the term ``rifle'' was defined in the GCA to mean ``a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.'' 18 U.S.C. 921(a)(7) (1994). The Act amended the definition of ``rifle'' by replacing the words ``the explosive in a fixed metallic cartridge'' with ``an explosive.'' Prior to amendment by the Act, the term ``shotgun'' was defined in the GCA to mean ``a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.'' 18 U.S.C. 921(a)(5) (1994). The Act amended the definition of ``shotgun'' by replacing the words ``the explosive in a fixed shotgun shell'' with ``an explosive.'' The provisions of the Act relating to the miscellaneous amendments also became effective upon the date of enactment, October 21, 1998. The Department proposes to amend 27 CFR 478.11 to reflect the definitions of the terms ``rifle'' and ``shotgun'' set forth in the Act. How This Document Complies With the Federal Administrative Requirements for Rulemaking A. Executive Orders 12866 and 13563--Regulatory Planning and Review This proposed regulation has been drafted and reviewed in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' section 1(b), The Principles of Regulation, and in accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' section 1(b), General Principles of Regulation. The Department has determined that this proposed rule is a ``significant regulatory action'' under section 3(f) of Executive Order 12866 and, accordingly, this proposed rule has been reviewed by the Office of Management and Budget. However, this proposed rule will not have an annual effect on the economy of $100 million, nor will it adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health, or safety, or State, local, or tribal governments or communities. Accordingly, this proposed rule is not an ``economically significant'' rulemaking under Executive Order 12866. Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The economic effects associated with this proposed rule are attributable to the statutory requirement that went into effect in 1999 that applicants for federal firearms licenses must certify that, with certain exceptions, secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensees. The proposed rule does not impose additional costs on the licensed dealer beyond what is already required by statute. However, the proposed rule would extend this certification requirement to manufacturers or importers who have premises from which firearms are sold to nonlicensees. The additional costs imposed on these manufacturers and importers is, however, likely to be minimal. The rule proposes that the licensed dealer, or licensed manufacturer or importer having premises where firearms are sold to nonlicensees, must certify that they will make available firearms safety locks or secure gun storage devices that will be compatible with each type of firearm that the licensee sells. One measure of the cost of these proposed safety device requirements--requirements that, as noted, already are required by statute for licensed dealers--is the opportunity cost of licensees making secure gun storage and safety devices available instead of not stocking them or stocking other products that might have a higher profit margin or that consumers may prefer more. The opportunity cost would be measured as the foregone profit that could be earned by licensees in the absence of the requirement. ATF lacks data to reliably estimate this opportunity cost. For example, ATF is not aware of any data sources on the number or share of licensees that would not make gun storage or safety devices available absent the statutory requirement, the number and types of gun storage or safety devices that licensees would need to make available in order to comply with the statutory requirement, or the products that licensees would have made available absent the requirement. ATF seeks information from the public on data and methods for estimating the opportunity cost of this requirement. Although ATF lacks data to reliably estimate the opportunity cost of the safe storage requirement, it is worth noting that a number of factors may affect the number of secure gun storage or safety devices that an individual licensee must supply on his premises and the overall cost to licensees of purchasing the required devices. First, dealers, manufacturers, and importers may be able to recover the cost of purchasing secure gun storage or safety devices through the sale of those products to their customers. Second, many of the secure gun storage or firearm safety devices are compatible with numerous firearms. Therefore, one secure gun storage or safety device will be able satisfy the requirement for all firearms that are compatible with that secure gun storage or safety device. Third, because safety devices, such as trigger locks and cable locks, are commodities that police departments provide free or the cost of which ranges from less than $1 up to $10, a licensee might be able to enter into an agreement with those departments pursuant to which local law enforcement would provide the devices free of charge on the licensee's premises. Finally, manufacturers may choose to package compatible safety devices along with new handgun and long gun offerings. Such integrated packaging relieves the federal firearms licensee from the cost of providing safety devices for those firearms. These four factors, which ATF cannot measure with precision, may affect the number of secure gun storage or safety devices that an individual licensee must supply and the overall costs to licensees of purchasing the required devices. The overall benefit of the secure gun storage or safety devices requirement is to provide firearm purchasers with the ability to acquire a device that will allow them to safely secure their firearms from unlawful use or accidental discharge. [[Page 33451]] The economic effects associated with amending the definition of the term ``antique firearm'' will result in a cost savings to the licensee and ATF. Federal firearms licensees are no longer required to expend resources to record transactions of any firearm meeting the amended definition of an antique firearm contained in this proposed rule, because antique firearms are not regulated by ATF. Since ATF does not collect any data regarding these firearms transactions, and federal firearms licensees are not required to keep records of these firearms, ATF is unable to measure the cost impact of amending the definition of antique firearms except to indicate that licensees will no longer be required to keep records on the antique firearms that meet the definition. Additionally, the amendments to the definitions reflect the definitions currently codified in the statute. Since the enactment of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 on October 21, 1998, federal firearms licensees have followed these amended statutory definitions and no additional economic change or impact will result from these amendments to the regulations. There are no costs associated with the proposed amendments to the definitions of the terms ``rifle'' and ``shotgun'' as these are technical amendments that integrate statutory language, which have no associated costs, into the regulations. B. Executive Order 13132 This proposed rule will not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, ``Federalism,'' the Attorney General has determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. C. Executive Order 12988 This proposed rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice Reform.'' D. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 605(b), requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. The Attorney General has reviewed this proposed rule and, by approving it, certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities. The economic effects associated with this proposed rule are attributable to statutory requirements that went into effect in 1999, that applicants for federal firearms licenses must certify that, with certain exceptions, secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensees. The proposed rule does not impose additional costs or burden on the licensed dealer beyond what is already required by statute. However, the proposed rule would extend this certification requirement to manufacturers or importers who have premises from which firearms are sold to nonlicensees. The additional costs imposed on these manufacturers and importers is, however, likely to be minimal. The rule proposes that the licensed dealer, or licensed manufacturer or importer having premises where firearms are sold to nonlicensees, must certify that they will make available firearms secure gun storage or safety devices that will be compatible with each types of firearms that the licensee sells. One measure of the cost of these proposed safety device requirements--requirements that, as noted, already are required by statute for licensed dealers--is the opportunity cost of licensees making secure gun storage and safety devices available instead of not stocking them or stocking other products that might have a higher profit margin or that consumers may prefer. The opportunity cost would be measured as the foregone profit that could be earned by licensees in the absence of the requirement. ATF lacks data to reliably estimate this opportunity cost. For example, ATF is not aware of any data sources on the number or share of licensees that would not make gun storage or safety devices available absent the statutory requirement, the number and types of gun storage or safety devices that licensees would need to make available in order to comply with the statutory requirement, or the products that licensees would have made available absent the requirement. ATF seeks information from the public on data and methods for estimating the opportunity cost of this requirement. Although ATF lacks data to reliably estimate the opportunity cost of the safe storage requirement, it is worth noting that a number of factors may affect the number of secure gun storage or safety devices that an individual licensee must supply on his premises and the overall cost to licensees of purchasing the required devices. First, dealers, manufacturers, and importers may be able to recover the cost of purchasing secure gun storage or safety devices through the sale of those products to their customers. Second, many of the secure gun storage or firearm safety devices are compatible with numerous firearms. Therefore, one secure gun storage or safety device will be able satisfy the requirement for all firearms that are compatible with that secure gun storage or safety device. Third, because safety devices, such as trigger locks and cable locks, are commodities that police departments provide free or the cost of which ranges from less than $1 up to $10, a licensee might be able to enter into an agreement with those departments pursuant to which local law enforcement would provide the devices free of charge on the licensee's premises. Finally, manufacturers may choose to package compatible safety devices along with new handgun and long gun offerings. Such integrated packaging relieves the federal firearms licensee from the cost of providing safety devices for those firearms. These four factors, which ATF cannot measure with precision, may affect the number of secure gun storage or safety devices that an individual licensee must supply and the overall costs to the licensee of purchasing the required devices. The overall benefit of the secure gun storage or safety devices requirement is to provide firearms purchasers with the ability to acquire a device that will allow them to safely secure their firearms from unlawful use or accidental discharge. The economic effects associated with amending the definition of the term ``antique firearm'' will result in a cost savings to the licensee and ATF. Federal firearms licensees are no longer required to expend resources to record transactions of any firearm meeting the amended definition of an antique firearm contained in this proposed rule, because such firearms are not regulated by ATF. Since ATF does not collect any data regarding these firearm transactions, federal firearms licensees are not required to keep records of these firearms, ATF is unable to measure the cost impact of amending the definition of antique firearms except to indicate that licensees will no longer be required to keep records on the antique firearms [[Page 33452]] that meet the definition. Additionally, the amendments to the definitions reflect the definitions currently codified in the statute. Since the enactment of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 on October 21, 1998, federal firearms licensees have followed these amended statutory definitions and no additional economic change or impact will result from these amendments to the regulations. There are no costs associated with the proposed amendments to the definitions of the terms ``rifle'' and ``shotgun'' as these are technical amendments that integrate statutory language, which have no associated costs, into the regulations. E. Small Business Regulatory Enforcement Fairness Act of 1996 This proposed rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This proposed rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. F. Unfunded Mandates Reform Act of 1995 This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. G. Paperwork Reduction Act of 1995 This proposed rule would revise an existing reporting requirement under the provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320. The proposed rule provides that an applicant for a federal firearms dealer license, or an applicant for a federal firearms importer or manufacture license who will be engaged in business on the licensed premises as a dealer in the same type of firearms authorized by the license to import or manufacture, must certify on ATF Form 7 (5310.12), Application for Federal Firearms License, that compatible secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees. The proposed rule modifies ATF Form 7 by amending Item 27 to include the word ``compatible'' in front of the phrase ``secure gun storage'' in the certification. This edit does not change or alter the burden or recordkeeping requirements associated with ATF Form 7. The burden and respondent information associated with the certification of secure storage and safety devices have already been accounted for with respect to ATF Form 7, and were approved by the Office of Management and Budget under control number 1140-0018. Public Participation A. Comments Sought ATF is requesting comments on the proposed rule from all interested persons. ATF is also specifically requesting comments on the clarity of this proposed rule and how it may be made easier to understand. In addition, ATF requests comments regarding the extent to which this proposed rule will result in any new costs to the public, and what benefits may be realized. All comments must reference this document docket number (ATF 24P), be legible, and include your name and mailing address. ATF will treat all comments as originals and will not acknowledge receipt of comments. Comments received on or before the closing date will be carefully considered. Comments received after that date will be given the same consideration if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before the closing date. B. Confidentiality Comments, whether submitted electronically or on paper, will be made available for public viewing at ATF, and on the Internet as part of the eRulemaking initiative, and are subject to the Freedom of Information Act. Commenters who do not want their name or other personal identifying information posted on the Internet should submit their comment by mail or facsimile, along with a separate cover sheet that contains their personal identifying information. Both the cover sheet and comment must reference this docket number. Information contained in the cover sheet will not be posted on the Internet. Any personal identifying information that appears within the comment will be posted on the Internet and will not be redacted by ATF. Any material that the commenter considers to be inappropriate for disclosure to the public, but is not confidential under law, should not be included in the comment. Any person submitting a comment shall specifically designate that portion (if any) of his comments that contains material that is confidential under law (e.g., trade secrets, processes, etc.). Any portion of a comment that is confidential under law shall be set forth on pages separate from the balance of the comment and shall be prominently marked ``confidential'' at the top of each page. Confidential information will be included in the rulemaking record but will not be disclosed to the public. Any comments containing material that is not confidential under law may be disclosed to the public. In any event, the name of the person submitting a comment is not exempt from disclosure. C. Submitting Comments Comments may be submitted in any of three ways: Mail: Send written comments to the address listed in the ADDRESSES section of this document. Written comments may be of any length and must appear in a minimum 12-point font type (0.17 inches), include your complete mailing address, and be signed. Facsimile: You may submit comments by facsimile transmission to (202) 648-9741. Faxed comments must: (1) Be legible and appear in a minimum 12-point font type (0.17 inches); (2) Be on 8\1/2\'' x 11'' paper; (3) Contain a legible, written signature; and (4) Be no more than five pages long. ATF will not accept faxed comments that exceed five pages. Federal eRulemaking Portal: To submit comments to ATF via the Federal eRulemaking portal, visit http://www.regulations.gov and follow the instructions for submitting comments. D. Request for Hearing Any interested person who desires an opportunity to comment orally at a public hearing should submit his or her request, in writing, to the Director of ATF within the 90-day comment period. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. Disclosure Copies of this proposed rule and the comments received will be available for public inspection by appointment during normal business hours at: ATF Reading Room, Room 1E-062, 99 New [[Page 33453]] York Avenue NE., Washington, DC 20226; telephone: (202) 648-8740. Drafting Information The author of this document is George M. Fodor, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives. List of Subjects in 27 CFR Part 478 Administrative practice and procedure, Arms and munitions, Customs duties and inspection, Exports, Imports, Intergovernmental relations, Law enforcement officers, Military personnel, Penalties, Reporting and recordkeeping requirements, Research, Seizures and forfeitures, and Transportation. Authority and Issuance Accordingly, for the reasons discussed in the preamble, 27 CFR part 478 is proposed to be amended as follows: PART 478--COMMERCE IN FIREARMS AND AMMUNITION 0 1. The authority citation for 27 CFR part 478 is revised to read as follows: Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 3504(h). 0 2. Amend Sec. 478.11 as follows: 0 a. Remove the words ``the explosive in a fixed metallic cartridge'' in the definition of ``Rifle'' and add in their place ``an explosive''; 0 b. Remove the words ``the explosive in a fixed shotgun shell'' in the definition of ``Shotgun'' and add in their place ``an explosive''; and 0 c. Revise the definition of ``Antique firearm'' and add a definition for the term ``Secure gun storage or safety device'', to read as follows: Sec. 478.11 Meaning of terms. * * * * * Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; (b) Any replica of any firearm described in paragraph (a) of this definition if such replica-- (1) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or (c) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition. For purposes of this paragraph (c), the term ``antique firearm'' does not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. * * * * * Secure gun storage or safety device. (a) A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; (b) A device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or (c) A safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. * * * * * 0 3. Amend Sec. 478.73 by adding a sentence after the first sentence in paragraph (a) to read as follows: Sec. 478.73 Notice of revocation, suspension, or imposition of civil fine. (a) Basis for action. * * * In addition, a notice of revocation of the license, ATF Form 4500, may be issued whenever the Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee). * * * * * * * * 0 4. Add Sec. 478.104 to subpart F to read as follows: Sec. 478.104 Secure gun storage or safety device. (a) Any person who applies to be a licensed firearms dealer must certify on ATF Form 7 (5310.12), Application for Federal Firearms License, that compatible secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty, loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered in violation of the requirement to make available such a device). (b) Any person who applies to be a licensed firearms importer or a licensed manufacturer and will be engaged in business on the licensed premises as a dealer in the same type of firearms authorized by the license to be imported or manufactured must make the certification required under paragraph (a) of this section. (c) Each licensee described in this section must have compatible secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees. However, such licensee shall not be considered to be in violation of this requirement if a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. Dated: May 17, 2016. Loretta E. Lynch, Attorney General. [FR Doc. 2016-12364 Filed 5-25-16; 8:45 am] BILLING CODE 4410-FY-P
![33448 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules
regulations being amended.59 The RM16–7–000, and must include the Issued: May 19, 2016.
actions proposed here fall within this commenter’s name, the organization Nathaniel J. Davis, Sr.,
categorical exclusion in the they represent, if applicable, and their Deputy Secretary.
Commission’s regulations. address in their comments. [FR Doc. 2016–12428 Filed 5–25–16; 8:45 am]
V. Regulatory Flexibility Act 49. The Commission encourages BILLING CODE 6717–01–P
comments to be filed electronically via
46. The Regulatory Flexibility Act of
the eFiling link on the Commission’s
1980 (RFA) 60 generally requires a
Web site at http://www.ferc.gov. The DEPARTMENT OF JUSTICE
description and analysis of proposed
rules that will have significant Commission accepts most standard
word processing formats. Documents Bureau of Alcohol, Tobacco, Firearms,
economic impact on a substantial and Explosives
number of small entities. As shown in created electronically using word
the information collection section, the processing software should be filed in
native applications or print-to-PDF 27 CFR Part 478
proposed Reliability Standard applies to
105 entities. Comparison of the format and not in a scanned format. [Docket No. ATF 24P; AG Order No. 3672–
applicable entities with the Commenters filing electronically do not 2016]
Commission’s small business data need to make a paper filing. RIN 1140–AA10
indicates that approximately 23 61 are 50. Commenters that are not able to
small business entities.62 Of these, the file comments electronically must send Commerce in Firearms and
Commission estimates that an original of their comments to: Explosives; Secure Gun Storage,
approximately five percent, or one of Federal Energy Regulatory Commission, Amended Definition of Antique
these 23 small entities, will be affected Secretary of the Commission, 888 First Firearm, and Miscellaneous
by the new requirements of the Street NE., Washington, DC 20426. Amendments
proposed Reliability Standard. 51. All comments will be placed in AGENCY: Bureau of Alcohol, Tobacco,
47. The Commission estimates that Firearms, and Explosives (ATF),
the Commission’s public files and may
the small entities affected by proposed Department of Justice.
be viewed, printed, or downloaded
Reliability Standard BAL–002–2 will
remotely as described in the Document ACTION: Notice of proposed rulemaking.
incur an annual compliance cost of up
Availability section below. Commenters
to $20,355 (i.e., the cost of developing, SUMMARY: The Department of Justice
on this proposal are not required to
and maintaining annually operating (DOJ) proposes amending the
process and operating plans), resulting serve copies of their comments on other
commenters. regulations of the Bureau of Alcohol,
in a cost of approximately $885 per Tobacco, Firearms, and Explosives
balancing authority and/or reserve VII. Document Availability (ATF), largely to codify into regulation
sharing group. These costs represent an certain provisions of Public Law 105–
estimate of the costs a small entity could 52. In addition to publishing the full 277, Omnibus Consolidated and
incur if the entity is identified as an text of this document in the Federal Emergency Supplemental
applicable entity. The Commission does Register, the Commission provides all Appropriations Act, 1999. The proposed
not consider the estimated cost per interested persons an opportunity to rule would amend ATF’s regulations to
small entity to have a significant view and/or print the contents of this account for the existing statutory
economic impact on a substantial document via the Internet through the requirement for applicants for firearms
number of small entities. Accordingly, Commission’s Home Page (http:// dealer licenses to certify that secure gun
the Commission certifies that this NOPR www.ferc.gov) and in the Commission’s storage or safety devices will be
will not have a significant economic Public Reference Room during normal available at any place where firearms
impact on a substantial number of small business hours (8:30 a.m. to 5:00 p.m. are sold under the license to
entities. Eastern time) at 888 First Street NE., nonlicensed individuals. This
VI. Comment Procedures Room 2A, Washington, DC 20426. certification is already included in the
53. From the Commission’s Home ATF Form 7, Application for Federal
48. The Commission invites interested Firearms License. The proposed
Page on the Internet, this information is
persons to submit comments on the regulation would also require applicants
available on eLibrary. The full text of
matters and issues proposed in this for manufacturer or importer licenses to
this document is available on eLibrary
notice to be adopted, including any complete the certification if the licensee
in PDF and Microsoft Word format for
related matters or alternative proposals will have premises where firearms are
that commenters may wish to discuss. viewing, printing, and/or downloading.
To access this document in eLibrary, sold to nonlicensees. Moreover, the
Comments are due July 25, 2016. proposed regulation would require that
Comments must refer to Docket No. type the docket number of this
document, excluding the last three the secure gun storage or safety device
59 18 digits, in the docket number field. be compatible with the firearms offered
CFR 380.4(a)(2)(ii).
for sale by the licensee. Finally, it also
60 5 U.S.C. 601–612. 54. User assistance is available for would conform the definitions of certain
61 21.73 percent of the total number of affected
eLibrary and the Commission’s Web site terms to the statutory language set forth
entities.
62 The Small Business Administration sets the
during normal business hours from the in the Omnibus Consolidated and
jstallworth on DSK7TPTVN1PROD with PROPOSALS
threshold for what constitutes a small business. Commission’s Online Support at (202) Emergency Supplemental
Public utilities may fall under one of several 502–6652 (toll free at 1–866–208–3676) Appropriations Act of 1999, including
different categories, each with a size threshold or email at ferconlinesupport@ferc.gov,
based on the company’s number of employees, the definition of ‘‘antique firearm,’’
including affiliates, the parent company, and
or the Public Reference Room at (202) which would be amended to include
subsidiaries. For the analysis in this Final Rule, we 502–8371, TTY (202) 502–8659. Email certain modern muzzle loading firearms.
are using a 500 employee threshold for each the Public Reference Room at DATES: Written comments must be
affected entity. Each entity is classified as Electric public.referenceroom@ferc.gov.
Bulk Power Transmission and Control (NAICS code postmarked and electronic comments
221121). By direction of the Commission. must be submitted on or before August
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![Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules 33449
24, 2016. Commenters should be aware (1) Secure Gun Storage. The Act the device; or (3) a safe, gun safe, gun
that the electronic Federal Docket amended subsection 923(d)(1) of the case, lock box, or other device that is
Management System will not accept GCA (18 U.S.C. 923(d)(1)) to require designed to be or can be used to store
comments after Midnight Eastern Time that, with certain exceptions, applicants a firearm and that is designed to be
on the last day of the comment period. for firearm dealer licenses certify the unlocked only by means of a key, a
ADDRESSES: Send comments to any of availability of secure gun storage or combination, or other similar means.
the following addresses— safety devices at any place where The Department proposes to amend 27
• George M. Fodor, Mailstop 6.N–523, firearms are sold under the license to CFR 478.11 by adding a definition for
Office of Regulatory Affairs, nonlicensees. 18 U.S.C. 923(d)(1)(G). the term ‘‘secure gun storage or safety
Enforcement Programs and Services, ATF interprets this provision as device’’ that tracks the language in the
Bureau of Alcohol, Tobacco, Firearms, requiring secure gun storage or safety statute.
and Explosives, U.S. Department of devices to be compatible with the An uncodified provision of the Act
Justice, 99 New York Avenue NE., firearms offered for sale by the licensee. provides that ‘‘[n]otwithstanding any
Washington, DC 20226; ATTN: ATF Therefore, applicants are required to other provision of law, evidence
24P. Written comments may be of any certify the availability of compatible regarding compliance or noncompliance
length and must appear in a minimum secure gun storage or safety devices at [with the secure gun storage or safety
12-point type (.17 inches), include a any place where firearms are sold under device requirement] shall not be
complete mailing address, and be the license to nonlicensees. The admissible as evidence in any
signed. certification requirement does not apply proceeding of any court, agency, board,
• 202–648–9741 (facsimile). where a secure gun storage or safety or other entity.’’ Public Law 105–277
• http://www.regulations.gov. Federal device is temporarily unavailable sec. 119, reprinted in 18 U.S.C. 923
eRulemaking portal; follow the because of theft, casualty loss, consumer note. ATF construes this section as
instructions for submitting comments. sales, backorders from a manufacturer, applying to civil liability actions against
You may also view an electronic or any other similar reason beyond the dealers and other similar actions, and
version of this proposed rule at the control of the licensee. Id. The not to proceedings associated with
http://www.regulations.gov site. Department proposes to add a new license denials or revocations (or
See the Public Participation section at section 27 CFR 478.104 to specify the appeals in federal court from decisions
the end of the SUPPLEMENTARY terms of the certification requirement. in such proceedings) involving
INFORMATION section for instructions and ATF interprets the certification noncompliance with the secure gun
requirements for submitting comments, requirement to apply to applicants for storage or safety device requirement of
and for information on how to request importer or manufacturer licenses if the the GCA. A basic tenet of statutory
a public hearing. licensee will have premises where construction is that each provision in a
firearms are sold to nonlicensees. law is intended to have some effect. To
FOR FURTHER INFORMATION CONTACT:
Federal regulations provide that a interpret this provision as applying to
George M. Fodor, Office of Regulatory licensed importer or a licensed license denial and revocation
Affairs, Enforcement Programs and manufacturer may engage in the proceedings would result in the
Services, Bureau of Alcohol, Tobacco, business on the licensed premises as a amendments to sections 923(d)(1) and
Firearms, and Explosives, U.S. dealer in the same type of firearms (e) having no effective enforcement
Department of Justice, 99 New York authorized by the license to be imported mechanism. To give meaning to the
Avenue NE., Washington, DC 20226, or manufactured. 27 CFR 478.41(b). As secure gun storage or safety device
telephone (202) 648–7070. such, an applicant for an importer or requirement and the authorization for
SUPPLEMENTARY INFORMATION: manufacturer license who will be the revocation of a license if the federal
Background engaged in the business as a dealer and firearm licensee fails to have secure gun
have premises where firearms are sold storage or safety devices available, ATF
On October 21, 1998, Public Law 105– to nonlicensees will be required to reads this evidentiary limitation as not
277 (112 Stat. 2681), the Omnibus complete the certification. applying to license denial and
Consolidated and Emergency In addition, the Act amended revocation proceedings.
Supplemental Appropriations Act, 1999 subsection 923(e) of the GCA (18 U.S.C. The provisions of the Act relating to
(the Act), was enacted. Among other 923(e)) to provide that the Attorney secure gun storage became effective
things, the Act amended the Gun General may revoke the license of any April 19, 1999.
Control Act of 1968 (GCA), as amended federal firearms licensee who fails to (2) Definition of Antique Firearm. The
(18 U.S.C. Chapter 44). Some of the GCA have secure gun storage or safety Act also amended the definition of
amendments made by the Act and the devices available at any place where ‘‘antique firearm’’ in the GCA to include
proposed regulation changes firearms are sold under the license to certain modern muzzle loading firearms.
implementing the law are as follows1: nonlicensees, subject to the same Specifically, section 115 of the Act
exceptions noted above. The amended the definition of ‘‘antique
1 This proposed rule does not implement the
Department proposes to amend 27 CFR firearm’’ in subsection 921(a)(16) to
Child Safety Lock Act of 2005 (CSLA), enacted as 478.73 to codify into regulation this include a weapon that is a muzzle
part of Public Law 109–92 (119 Stat. 2095), the
Protection of Lawful Commerce in Arms Act. The provision of the law. loading rifle, muzzle loading shotgun, or
CSLA amended the GCA by adding a new The Act defined the term ‘‘secure gun muzzle loading pistol; that is designed
subsection, 18 U.S.C. 922(z), that makes it unlawful storage or safety device’’ in 18 U.S.C. to use black powder or a black powder
jstallworth on DSK7TPTVN1PROD with PROPOSALS
for any licensed importer, licensed manufacturer, or 921(a)(34) to mean: (1) A device that, substitute; and that cannot use fixed
licensed dealer to sell, deliver, or transfer any
handgun to any person not licensed under 18 U.S.C.
when installed on a firearm, is designed ammunition. The term expressly does
Chapter 44, unless the transferee (buyer) is to prevent the firearm from being not include any weapon that
provided with a secure gun storage or safety device operated without first deactivating the incorporates a firearm frame or receiver;
for that handgun. A number of exceptions are device; (2) a device incorporated into any firearm converted into a muzzle-
provided to this requirement, including transfers of
handguns to law enforcement agencies and law
the design of the firearm that is loading weapon; or any muzzle-loading
enforcement officers and transfers of handguns designed to prevent the operation of the weapon that can be readily converted to
classified as curios or relics. firearm by anyone not having access to fire fixed ammunition by replacing the
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![Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules 33453
York Avenue NE., Washington, DC pistol that is designed to use black because of theft, casualty, loss,
20226; telephone: (202) 648–8740. powder, or a black powder substitute, consumer sales, backorders from a
and that cannot use fixed ammunition. manufacturer, or any other similar
Drafting Information
For purposes of this paragraph (c), the reason beyond the control of the
The author of this document is George term ‘‘antique firearm’’ does not include licensee, the dealer shall not be
M. Fodor, Office of Regulatory Affairs, any weapon that incorporates a firearm considered in violation of the
Enforcement Programs and Services, frame or receiver, any firearm that is requirement to make available such a
Bureau of Alcohol, Tobacco, Firearms, converted into a muzzle loading device).
and Explosives. weapon, or any muzzle loading weapon (b) Any person who applies to be a
that can be readily converted to fire licensed firearms importer or a licensed
List of Subjects in 27 CFR Part 478
fixed ammunition by replacing the manufacturer and will be engaged in
Administrative practice and barrel, bolt, breechblock, or any business on the licensed premises as a
procedure, Arms and munitions, combination thereof. dealer in the same type of firearms
Customs duties and inspection, Exports, * * * * * authorized by the license to be imported
Imports, Intergovernmental relations, Secure gun storage or safety device. or manufactured must make the
Law enforcement officers, Military (a) A device that, when installed on a certification required under paragraph
personnel, Penalties, Reporting and firearm, is designed to prevent the (a) of this section.
recordkeeping requirements, Research, firearm from being operated without (c) Each licensee described in this
Seizures and forfeitures, and first deactivating the device; section must have compatible secure
Transportation. (b) A device incorporated into the gun storage or safety devices available at
Authority and Issuance design of the firearm that is designed to any place in which firearms are sold
prevent the operation of the firearm by under the license to persons who are not
Accordingly, for the reasons anyone not having access to the device; licensees. However, such licensee shall
discussed in the preamble, 27 CFR part or not be considered to be in violation of
478 is proposed to be amended as (c) A safe, gun safe, gun case, lock this requirement if a secure gun storage
follows: box, or other device that is designed to or safety device is temporarily
be or can be used to store a firearm and unavailable because of theft, casualty
PART 478—COMMERCE IN FIREARMS that is designed to be unlocked only by
AND AMMUNITION loss, consumer sales, backorders from a
means of a key, a combination, or other manufacturer, or any other similar
■ 1. The authority citation for 27 CFR similar means. reason beyond the control of the
part 478 is revised to read as follows: * * * * * licensee.
■ 3. Amend § 478.73 by adding a
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, Dated: May 17, 2016.
921–931; 44 U.S.C. 3504(h).
sentence after the first sentence in
Loretta E. Lynch,
paragraph (a) to read as follows:
■ 2. Amend § 478.11 as follows: Attorney General.
■ a. Remove the words ‘‘the explosive in § 478.73 Notice of revocation, suspension, [FR Doc. 2016–12364 Filed 5–25–16; 8:45 am]
a fixed metallic cartridge’’ in the or imposition of civil fine. BILLING CODE 4410–FY–P
definition of ‘‘Rifle’’ and add in their (a) Basis for action. * * * In addition,
place ‘‘an explosive’’; a notice of revocation of the license,
■ b. Remove the words ‘‘the explosive ATF Form 4500, may be issued
in a fixed shotgun shell’’ in the whenever the Director has reason to ENVIRONMENTAL PROTECTION
definition of ‘‘Shotgun’’ and add in their believe that a licensee fails to have AGENCY
place ‘‘an explosive’’; and secure gun storage or safety devices
available at any place in which firearms 40 CFR Part 52
■ c. Revise the definition of ‘‘Antique
firearm’’ and add a definition for the are sold under the license to persons
[EPA–R01–OAR–2015–0801; A–1–FRL–
term ‘‘Secure gun storage or safety who are not licensees (except in any 9946–93–Region 1]
device’’, to read as follows: case in which a secure gun storage or
safety device is temporarily unavailable Air Plan Approval; ME; Control of
§ 478.11 Meaning of terms. because of theft, casualty loss, consumer Volatile Organic Compound Emissions
* * * * * sales, backorders from a manufacturer, From Fiberglass Boat Manufacturing
Antique firearm. (a) Any firearm or any other similar reason beyond the and Surface Coating Facilities
(including any firearm with a control of the licensee). * * *
matchlock, flintlock, percussion cap, or * * * * * AGENCY: Environmental Protection
similar type of ignition system) ■ 4. Add § 478.104 to subpart F to read Agency.
manufactured in or before 1898; as follows: ACTION: Proposed rule.
(b) Any replica of any firearm
described in paragraph (a) of this § 478.104 Secure gun storage or safety SUMMARY: The Environmental Protection
definition if such replica— device. Agency (EPA) is proposing to approve
(1) Is not designed or redesigned for (a) Any person who applies to be a State Implementation Plan (SIP)
using rimfire or conventional centerfire licensed firearms dealer must certify on revisions submitted by the State of
fixed ammunition, or ATF Form 7 (5310.12), Application for Maine. These revisions establish
jstallworth on DSK7TPTVN1PROD with PROPOSALS
(2) Uses rimfire or conventional Federal Firearms License, that Reasonably Available Control
centerfire fixed ammunition that is no compatible secure gun storage or safety Technology (RACT) requirements for
longer manufactured in the United devices will be available at any place reducing volatile organic compound
States and that is not readily available where firearms are sold under the (VOC) emissions from fiberglass boat
in the ordinary channels of commercial license to nonlicensed individuals manufacturing and surface coating
trade; or (subject to the exception that in any case operations. The intended effect of this
(c) Any muzzle loading rifle, muzzle in which a secure gun storage or safety action is to approve these requirements
loading shotgun, or muzzle loading device is temporarily unavailable into the Maine SIP. This action is being
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Document Created: 2016-05-26 01:13:09
Document Modified: 2016-05-26 01:13:09
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Written comments must be postmarked and electronic comments must be submitted on or before August 24, 2016. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period. | |
| Contact | George M. Fodor, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226, telephone (202) 648-7070. | |
| FR Citation | 81 FR 33448 | |
| RIN Number | 1140-AA10 | |
| 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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