81 FR 38070 - Recordkeeping Regulations

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range		38070-38071
FR Document		2016-13878

This final rule makes technical amendments to regulations pertaining to certain firearms recordkeeping requirements to provide clarity and enhance uniformity. The technical changes are being made in the wording of three tables to reflect the same wording in the body of the regulations associated with the tables regarding the required description of firearms for recordkeeping purposes.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)

[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38070-38071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13878]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 478

[Docket No. ATF 2015R-26; AG Order No. 3681-2016]
RIN 1140-AA50


Recordkeeping Regulations

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

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: This final rule makes technical amendments to regulations 
pertaining to certain firearms recordkeeping requirements to provide 
clarity and enhance uniformity. The technical changes are being made in 
the wording of three tables to reflect the same wording in the body of 
the regulations associated with the tables regarding the required 
description of firearms for recordkeeping purposes.

DATES: This rule is effective June 13, 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 (this is 
not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) 
administers regulations published in 27 Code of Federal Regulations 
(CFR) part 478. ATF has identified three technical amendments needed to 
provide clarity and uniformity to the recordkeeping requirements 
prescribed in 27 CFR 478.125(e) and (f)(1) and 478.125a(a)(4) and the 
tables titled, ``Firearms Acquisition and Disposition Record,'' 
``Firearms Collectors Acquisition and Disposition Record,'' and 
``Disposition Record of Personal Firearms,'' associated with Sec. Sec.  
478.125(e) and (f)(2), and 478.125a(a)(4) respectively. Specifically, 
there is a discrepancy between the wording used in the body of the 
regulations found at Sec. Sec.  478.125(e) and (f)(1) and 
478.125a(a)(4) and the wording used in the tables, listed above, 
regarding the required description of firearms for recordkeeping 
purposes.
    The regulations at Sec. Sec.  478.125(e) and (f)(1) and 
478.125a(a)(4) prescribe substantive recordkeeping requirements for the 
receipt and disposition of firearms by certain licensed parties, to 
include the prescribed format for recording required information. 
Specifically, licensed parties must record ``the name of the 
manufacturer and importer (if any)'' associated with the firearms 
acquired and disposed of by the licensed party. The regulations at 
Sec. Sec.  478.125(e) and (f)(2) and 478.125a(a)(4) include tables that 
illustrate the format required for recording the receipt and 
disposition of firearms. ATF has identified a discrepancy between the 
language used in the body of these regulations, which requires a record 
of, inter alia, ``the name of the manufacturer and importer (if any)'' 
and the language used in the corresponding tables, which calls for the 
``manufacturer and/or importer.'' Therefore, these tables associated 
with Sec. Sec.  478.125(e) and (f) and 478.125a(a)(4) are being amended 
to ensure agreement between the wording in the tables with the wording 
in the body of the regulations by replacing ``Manufacturer and/or 
importer'' with ``Manufacturer and importer (if any).''

[[Page 38071]]

II. Statutory Orders and Executive Review

A. Executive Order 12866 and Executive Order 13563

    This final rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' section 1(b). This rule 
pertains to agency organization, management, or personnel matters as 
described by Executive Order 12866, section 3(d)(3) and, therefore, is 
not a ``regulation'' or ``rule'' as defined by that Executive Order.

B. Executive Order 13132

    This final rule will not have substantial direct effects on the 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, ``Federalism,'' the Attorney General has 
determined that this regulation does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement.

C. Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice 
Reform.''

D. Administrative Procedure Act

    The revisions to the regulations in this final rule are matters of 
agency organization, procedure, and practice that will not affect 
individual rights and obligations. As such, this rule is exempt from 
the usual requirements of prior notice and comment and a 30-day delay 
in the effective date. See 5 U.S.C. 553(a)(2), (b)(A), and (d)(3). 
Moreover, the Department finds good cause for exempting the rule from 
those requirements. Because this final rule makes technical corrections 
to improve the clarity of the regulations, the Department finds it 
unnecessary to publish this rule for public notice and comment. 
Similarly, because delaying the effective date of this rule would serve 
no purpose, the Department also finds good cause to make this rule 
effective upon publication.

E. Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, 
certifies that it will not have a significant economic impact on a 
substantial number of small entities because it pertains to personnel 
and administrative matters affecting the Department. Further, a 
Regulatory Flexibility Analysis is not required for this final rule 
because the Department was not required to publish a general notice of 
proposed rulemaking for this matter.

F. 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.

G. 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; will not significantly or uniquely 
affect small governments and does not contain significant 
intergovernmental mandates. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995, 2 
U.S.C. 1531-1535.

H. Paperwork Reduction Act of 1995

    This final rule does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501-3521.

I. Congressional Review Act

    This action pertains to agency organization, procedure, or 
practice, and does not substantially affect the rights or obligations 
of non-agency parties and, accordingly, is not a ``rule'' as that term 
is used by the Congressional Review Act (Subtitle E of the Small 
Business Regulatory Enforcement Fairness Act of 1996). See 5 U.S.C. 
804(3). Therefore, the reporting requirement of 5 U.S.C. 801 does not 
apply.

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, 921-931; 44 U.S.C. 
3504(h).


Sec.  478.125  [Amended]

0
2. Amend Sec.  478.125:
0
a. In paragraph (e) by removing the words ``Manufacturer and/or 
Importer'' in the associated table and adding in their place the words 
``Manufacturer and importer (if any)''; and
0
b. In paragraph (f)(2) by removing the words ``Manufacturer and/or 
importer'' in the associated table and adding in their place the words 
``Manufacturer and importer (if any)''.


Sec.  478.125a  [Amended]

0
3. Amend Sec.  478.125a in paragraph (a)(4) by removing the words 
``Manufacturer and/or importer'' in the associated table and adding in 
their place the words ``Manufacturer and importer (if any)''.

    Dated: June 7, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-13878 Filed 6-10-16; 8:45 am]
 BILLING CODE 4410-FY-P

38070 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

the words ‘‘Commander, Fort Lee, VA,’’ Authority: 49 U.S.C. 106(f), 106(g); 40103, FOR FURTHER INFORMATION CONTACT:
and adding the words ‘‘Virginia 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Shermaine Kenner, Office of Regulatory
National Guard, Commander, Fort 1959–1963 Comp., p. 389. Affairs, Enforcement Programs and
Pickett, VA.’’ The name change reflects § 73.66 [Amended] Services, Bureau of Alcohol, Tobacco,
the current organization assigned using Firearms, and Explosives, U.S.
agency responsibilities for the restricted ■ 2. Section 73.66 is amended as Department of Justice, 99 New York
areas. This is an administrative change follows: Avenue NE., Washington, DC 20226;
that does not affect the boundaries, * * * * * telephone: (202) 648–7070 (this is not a
designated altitudes, or activities toll-free number).
R–6602A Fort Pickett, VA [Amended]
conducted within the restricted areas;
therefore, notice and public procedure By removing the words ‘‘Using SUPPLEMENTARY INFORMATION:
under 5 U.S.C. 553(b) are unnecessary. agency. Commander, Fort Lee, VA’’ and
I. Background
adding in their place ‘‘Using agency.
Regulatory Notices and Analyses Virginia National Guard, Commander, The Bureau of Alcohol, Tobacco,
The FAA has determined that this Fort Pickett, VA.’’ Firearms, and Explosives (ATF)
action only involves an established administers regulations published in 27
R–6602B Fort Pickett, VA [Amended]
body of technical regulations for which Code of Federal Regulations (CFR) part
frequent and routine amendments are By removing the words ‘‘Using
478. ATF has identified three technical
necessary to keep them operationally agency. Commander, Fort Lee, VA’’ and
amendments needed to provide clarity
current. It, therefore: (1) Is not a adding in their place ‘‘Using agency.
and uniformity to the recordkeeping
‘‘significant regulatory action’’ under Virginia National Guard, Commander,
requirements prescribed in 27 CFR
Executive Order 12866; (2) is not a Fort Pickett, VA.’’
478.125(e) and (f)(1) and 478.125a(a)(4)
‘‘significant rule’’ under DOT R–6602C Fort Pickett, VA [Amended] and the tables titled, ‘‘Firearms
Regulatory Policies and Procedures (44 Acquisition and Disposition Record,’’
FR 11034; February 26, 1979); and (3) By removing the words ‘‘Using
agency. Commander, Fort Lee, VA’’ and ‘‘Firearms Collectors Acquisition and
does not warrant preparation of a Disposition Record,’’ and ‘‘Disposition
regulatory evaluation as the anticipated adding in their place ‘‘Using agency.
Virginia National Guard, Commander, Record of Personal Firearms,’’
impact is so minimal. Since this is a associated with §§ 478.125(e) and (f)(2),
routine matter that only affects air traffic Fort Pickett, VA.’’
and 478.125a(a)(4) respectively.
procedures and air navigation, it is * * * * *
Specifically, there is a discrepancy
certified that this rule, when Issued in Washington, DC, on June 6, 2016. between the wording used in the body
promulgated, does not have a significant Leslie M. Swann, of the regulations found at §§ 478.125(e)
economic impact on a substantial Acting Manager, Airspace Policy Group. and (f)(1) and 478.125a(a)(4) and the
number of small entities under the wording used in the tables, listed above,
[FR Doc. 2016–13934 Filed 6–10–16; 8:45 am]
criteria of the Regulatory Flexibility Act. regarding the required description of
BILLING CODE 4910–13–P
Environmental Review firearms for recordkeeping purposes.
The FAA has determined that this The regulations at §§ 478.125(e) and
action qualifies for categorical exclusion DEPARTMENT OF JUSTICE (f)(1) and 478.125a(a)(4) prescribe
under the National Environmental substantive recordkeeping requirements
Policy Act in accordance with FAA Bureau of Alcohol, Tobacco, Firearms, for the receipt and disposition of
Order 1050.1F, Environmental Impacts: and Explosives firearms by certain licensed parties, to
Policies and Procedures, paragraph 5– include the prescribed format for
6.5.d. This airspace action is an 27 CFR Part 478 recording required information.
administrative change to the description [Docket No. ATF 2015R–26; AG Order No. Specifically, licensed parties must
of restricted areas R–6602A, R–6602B 3681–2016] record ‘‘the name of the manufacturer
and R–6602C; Fort Pickett, VA, to and importer (if any)’’ associated with
RIN 1140–AA50
update the using agency name. It does the firearms acquired and disposed of
not alter the dimensions, altitudes, time Recordkeeping Regulations by the licensed party. The regulations at
of designation, or use of the airspace; §§ 478.125(e) and (f)(2) and
therefore, it is not expected to cause any AGENCY: Bureau of Alcohol, Tobacco, 478.125a(a)(4) include tables that
potentially significant environmental Firearms, and Explosives (ATF), illustrate the format required for
impacts, and no extraordinary Department of Justice. recording the receipt and disposition of
circumstances exists that warrant ACTION: Final rule; technical firearms. ATF has identified a
preparation of an environmental amendments. discrepancy between the language used
assessment. in the body of these regulations, which
SUMMARY: This final rule makes requires a record of, inter alia, ‘‘the
List of Subjects in 14 CFR Part 73 technical amendments to regulations name of the manufacturer and importer
Airspace, Prohibited areas, Restricted pertaining to certain firearms (if any)’’ and the language used in the
areas. recordkeeping requirements to provide corresponding tables, which calls for the
Adoption of the Amendment clarity and enhance uniformity. The ‘‘manufacturer and/or importer.’’
technical changes are being made in the Therefore, these tables associated with
In consideration of the foregoing, the
mstockstill on DSK3G9T082PROD with RULES

wording of three tables to reflect the §§ 478.125(e) and (f) and 478.125a(a)(4)
Federal Aviation Administration same wording in the body of the are being amended to ensure agreement
amends 14 CFR part 73, as follows: regulations associated with the tables between the wording in the tables with
regarding the required description of the wording in the body of the
PART 73—SPECIAL USE AIRSPACE
firearms for recordkeeping purposes. regulations by replacing ‘‘Manufacturer
■ 1. The authority citation for part 73 DATES: This rule is effective June 13, and/or importer’’ with ‘‘Manufacturer
continues to read as follows: 2016. and importer (if any).’’

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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations 38071

II. Statutory Orders and Executive not have a significant economic impact recordkeeping requirements, Research,
Review on a substantial number of small entities Seizures and forfeitures, and
because it pertains to personnel and Transportation.
A. Executive Order 12866 and Executive
administrative matters affecting the
Order 13563 Authority and Issuance
Department. Further, a Regulatory
This final rule has been drafted and Flexibility Analysis is not required for Accordingly, for the reasons
reviewed in accordance with Executive this final rule because the Department discussed in the preamble, 27 CFR part
Order 12866, ‘‘Regulatory Planning and was not required to publish a general 478 is amended as follows:
Review,’’ section 1(b), The Principles of notice of proposed rulemaking for this
Regulation, and Executive Order 13563, matter. PART 478—COMMERCE IN FIREARMS
‘‘Improving Regulation and Regulatory AND AMMUNITION
Review,’’ section 1(b). This rule pertains F. Small Business Regulatory
to agency organization, management, or Enforcement Fairness Act of 1996 ■ 1. The authority citation for 27 CFR
personnel matters as described by This rule is not a major rule as part 478 continues to read as follows:
Executive Order 12866, section 3(d)(3) defined by section 251 of the Small Authority: 5 U.S.C. 552(a); 18 U.S.C. 847,
and, therefore, is not a ‘‘regulation’’ or Business Regulatory Enforcement 921–931; 44 U.S.C. 3504(h).
‘‘rule’’ as defined by that Executive Fairness Act of 1996, 5 U.S.C. 804. This § 478.125 [Amended]
Order. rule will not result in an annual effect
on the economy of $100 million or ■ 2. Amend § 478.125:
B. Executive Order 13132 ■ a. In paragraph (e) by removing the
more; a major increase in costs or prices;
This final rule will not have or significant adverse effects on words ‘‘Manufacturer and/or Importer’’
substantial direct effects on the States, competition, employment, investment, in the associated table and adding in
on the relationship between the Federal productivity, innovation, or on the their place the words ‘‘Manufacturer
Government and the States, or on the ability of United States-based and importer (if any)’’; and
distribution of power and enterprises to compete with foreign- ■ b. In paragraph (f)(2) by removing the
responsibilities among the various based enterprises in domestic and words ‘‘Manufacturer and/or importer’’
levels of government. Therefore, in export markets. in the associated table and adding in
accordance with section 6 of Executive their place the words ‘‘Manufacturer
Order 13132, ‘‘Federalism,’’ the G. Unfunded Mandates Reform Act of and importer (if any)’’.
Attorney General has determined that 1995
§ 478.125a [Amended]
this regulation does not have sufficient This rule will not result in the
federalism implications to warrant the expenditure by State, local, and tribal ■ 3. Amend § 478.125a in paragraph
preparation of a federalism summary governments, in the aggregate, or by the (a)(4) by removing the words
impact statement. private sector, of $100 million or more ‘‘Manufacturer and/or importer’’ in the
in any one year; will not significantly or associated table and adding in their
C. Executive Order 12988 place the words ‘‘Manufacturer and
uniquely affect small governments and
This regulation meets the applicable does not contain significant importer (if any)’’.
standards set forth in sections 3(a) and intergovernmental mandates. Therefore, Dated: June 7, 2016.
3(b)(2) of Executive Order 12988, ‘‘Civil no actions were deemed necessary Loretta E. Lynch,
Justice Reform.’’ under the provisions of the Unfunded Attorney General.
D. Administrative Procedure Act Mandates Reform Act of 1995, 2 U.S.C. [FR Doc. 2016–13878 Filed 6–10–16; 8:45 am]
1531–1535.
The revisions to the regulations in BILLING CODE 4410–FY–P
this final rule are matters of agency H. Paperwork Reduction Act of 1995
organization, procedure, and practice This final rule does not impose any
that will not affect individual rights and new reporting or recordkeeping DEPARTMENT OF HOMELAND
obligations. As such, this rule is exempt requirements under the Paperwork SECURITY
from the usual requirements of prior Reduction Act, 44 U.S.C. 3501–3521.
notice and comment and a 30-day delay Coast Guard
in the effective date. See 5 U.S.C. I. Congressional Review Act
553(a)(2), (b)(A), and (d)(3). Moreover, This action pertains to agency 33 CFR Part 100
the Department finds good cause for organization, procedure, or practice, and [Docket Number USCG–2013–0272]
exempting the rule from those does not substantially affect the rights or
requirements. Because this final rule obligations of non-agency parties and, RIN 1625–AA08
makes technical corrections to improve accordingly, is not a ‘‘rule’’ as that term Special Local Regulations; Marine
the clarity of the regulations, the is used by the Congressional Review Act Events in the Seventh Coast Guard
Department finds it unnecessary to (Subtitle E of the Small Business District
publish this rule for public notice and Regulatory Enforcement Fairness Act of
comment. Similarly, because delaying 1996). See 5 U.S.C. 804(3). Therefore, AGENCY: Coast Guard, DHS.
the effective date of this rule would the reporting requirement of 5 U.S.C. ACTION: Final rule.
serve no purpose, the Department also 801 does not apply.
finds good cause to make this rule SUMMARY: The Coast Guard is updating
mstockstill on DSK3G9T082PROD with RULES

List of Subjects in 27 CFR Part 478 the regulation that governs recurring
effective upon publication.
Administrative practice and special local regulations in the Seventh
E. Regulatory Flexibility Act procedure, Arms and munitions, Coast Guard District. These regulations
The Attorney General, in accordance Customs duties and inspection, Exports, will apply to all recurring events held
with the Regulatory Flexibility Act, 5 Imports, Intergovernmental relations, on navigable waters of the Seventh
U.S.C. 605(b), has reviewed this rule Law enforcement officers, Military District, such as regattas and parades.
and, by approving it, certifies that it will personnel, Penalties, Reporting and This update is to ensure that all known

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Document Created: 2018-02-08 07:39:30
Document Modified: 2018-02-08 07:39:30

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; technical amendments.
Dates		This rule is effective June 13, 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 (this is not a toll-free number).
FR Citation		81 FR 38070
RIN Number		1140-AA50
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

81 FR 38070 - Recordkeeping Regulations

DEPARTMENT OF JUSTICEBureau of Alcohol, Tobacco, Firearms, and Explosives

Federal Register Volume 81, Issue 113 (June 13, 2016)

DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives