81 FR 38070 - Recordkeeping Regulations

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

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

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, 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.

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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