[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Proposed Rules]
[Pages 33450-33453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15943]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Parts 178 and 179
[Notice No. 877]
RIN 1512-AB84
Identification Markings Placed on Firearms (98R-341P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is proposing
to amend the regulations to prescribe minimum height and depth
requirements for identification markings placed on firearms by licensed
importers and licensed manufacturers. Specifically, we are proposing a
minimum height of \3/32\ inch and a minimum depth of .005 inch for
serial numbers and a minimum depth of .005 inch for all other required
markings. We believe that such minimum standards are necessary to
ensure that firearms are properly identified in accordance with the
law. In addition, the proposed regulations, if adopted, will facilitate
our ability to trace the origin of firearms used in crime.
DATES: Written comments must be received on or before September 21,
1999.
ADDRESSES: Send written comments to: Chief, Regulations Division;
Bureau of Alcohol, Tobacco and Firearms; PO Box 50221; Washington, DC
20091-0221; ATTN: Notice No. 877.
FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts
Avenue, NW., Washington, DC 20226 (202-927-8230).
SUPPLEMENTARY INFORMATION:
Background
Section 923(i) of the Gun Control Act of 1968 (GCA), as amended (18
U.S.C. Chapter 44), requires licensed importers and licensed
manufacturers to identify, by means of a serial number, each firearm
imported or manufactured. The serial number must be engraved, cast, or
stamped on the receiver or frame of the weapon in such manner as the
Secretary of the Treasury prescribes by regulation. With respect to
certain firearms subject to the National Firearms Act (e.g., machine
guns), 26 U.S.C. 5842 requires each manufacturer and importer and
anyone making a firearm to identify each firearm by a serial number.
The serial number may not be readily removed, obliterated, or altered.
Section 5842 also requires the firearm to be identified by the name of
the manufacturer, importer, or maker, and such other identification as
the Secretary may prescribe by regulation.
Regulations that implement section 923(i) are set forth in 27 CFR
178.92. In general, this section requires each licensed manufacturer or
licensed importer of firearms to legibly identify each firearm by
engraving, casting, stamping (impressing), or otherwise conspicuously
placing on the frame or receiver an individual serial number. The
serial number must be placed in a manner not susceptible of being
readily obliterated, altered, or removed.
Section 178.92 also requires licensed importers and manufacturers
to conspicuously place the following identification markings on the
frame, receiver, or barrel of each firearm imported or manufactured in
a manner not susceptible of being readily obliterated, altered, or
removed:
1. The model, if such designation has been made;
2. The caliber or gauge;
3. The name (or recognized abbreviation of same) of the
manufacturer and also, when applicable, of the importer;
4. In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where the licensed manufacturer
maintains its place of business; and
5. In the case of an imported firearm, the name of the country in
which manufactured and the city and State (or recognized abbreviation
thereof) where the importer maintains its place of business.
The same marking requirements appear in regulations issued under the
National Firearms Act at 27 CFR 179.102.
In the case of any semiautomatic assault weapon manufactured after
September 13, 1994, the regulations also require that the frame or
receiver be marked ``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY''
or, in the case of weapons manufactured for export, ``FOR EXPORT ONLY''
(27 CFR 178.92(a)(2)).
Discussion
The GCA requires Federal firearms licensees to maintain records of
their acquisitions and dispositions of firearms, including complete and
accurate descriptions of the firearms. One of the principal objectives
of the GCA is to facilitate the tracing of firearms used in crime ``to
provide support to Federal, State, and local law enforcement officials
in their fight against crime and violence * * *.'' Gun Control Act of
1968, section 101, 82 Stat. 1213. To accomplish this objective,
Sec. 178.92 requires that each manufacturer or importer utilize an
individual serial number for each firearm manufactured or imported and
prohibits the duplication of any serial number placed by the
manufacturer or importer on any other firearm. Furthermore, section
922(k) of the GCA makes it unlawful for any person to transport, ship,
possess, or receive, in interstate or foreign commerce, any firearm
that has had the importer's or manufacturer's serial number removed,
obliterated, or altered.
The serial number, along with other required markings such as
caliber, model, name of manufacturer, and city and State of the
manufacturer or importer make any given firearm uniquely identifiable
and traceable. Thus, firearms tracing is an integral part of any
investigation involving the criminal use of firearms. The systematic
tracking of firearms from the manufacturer or U.S. importer to the
first retail purchaser enables law enforcement agencies to identify
suspects involved in criminal violations, determine if the firearm is
stolen, and provide other information relevant to an investigation. Our
National Tracing Center (NTC) maintains the capability to trace the
origin of recovered firearms used in crimes. Over the years, the NTC
has experienced a substantial increase in the number of requests
received for crime gun traces by Federal, State, and local law
enforcement agencies. The total
[[Page 33451]]
number of requests for gun traces increased from 77,000 in 1995 to
approximately 200,000 in 1997.
Currently, there are no minimum standards concerning size and depth
of impression for markings on firearms. The regulations require that
the identifying information, including the serial number, be legible,
conspicuous, and placed on the firearm ``in a manner not susceptible of
being readily obliterated, altered, or removed.'' The lack of specific
minimum standards causes problems for licensees in properly recording
identifying information in their required records, particularly with
respect to serial numbers that are very small or are not applied to a
uniform depth. Moreover, worn, hard-to-read markings often result in
State and local law enforcement officers forwarding erroneous
information to ATF in connection with a trace request. Serial numbers
that are stamped very lightly on the frame or receiver of the firearm
are more susceptible to being easily obliterated, altered, or removed.
These problems often hinder our efforts to trace a particular firearm.
Proposed Regulations
To reduce the problem of incorrect record entries by licensees and
to make identification markings less susceptible to being readily
obliterated, altered, or removed, we are proposing to amend the
regulations to prescribe minimum height and depth requirements for
identification markings placed on firearms. Specifically, we are
proposing that licensed manufacturers and licensed importers cast,
stamp (impress) or engrave serial numbers to a depth of at least .005
inch and in a print size no smaller than \3/32\ inch. We are also
proposing that all other required markings, including the special
markings for semiautomatic assault weapons, be cast, stamped
(impressed) or engraved to a depth of at least .005 inch. We are not
proposing to require a minimum height requirement of \3/32\ inch for
all identification markings since such a requirement would make it
difficult to fit all the information on a firearm, particularly in the
case of handguns.
We believe that the minimum standards proposed in this notice
ensure that firearms are properly identified in accordance with the
law. In addition, the proposed regulations, if adopted, will facilitate
our ability to trace firearms used in crime.
How This Document Complies With the Federal Administrative
Requirements for Rulemaking
A. Executive Order 12866
We have determined that this proposed regulation is not a
significant regulatory action as defined by Executive Order 12866.
Therefore, a Regulatory Assessment is not required.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally 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. We hereby certify that this proposed regulation, if
adopted, will not have a significant economic impact on a substantial
number of small entities because the revenue effects of this rulemaking
on small businesses flow directly from the underlying statute.
Likewise, any secondary or incidental effects, and any reporting,
recordkeeping, or other compliance burdens flow directly from the
statute. Accordingly, a regulatory flexibility analysis is not
required.
C. Paperwork Reduction Act
The collections of information contained in this notice of proposed
rulemaking have been submitted to the Office of Management and Budget
for review in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)). Comments on the collections of information should be
sent to the Office of Management and Budget, Attention: Desk Officer
for the Bureau of Alcohol, Tobacco and Firearms, Office of Information
and Regulatory Affairs, Washington, DC 20503, with copies to the Chief,
Document Services Branch, Room 3110, Bureau of Alcohol, Tobacco and
Firearms, at the address previously specified. Comments are
specifically requested concerning:
Whether the proposed collections of information are necessary for
the proper performance of the functions of the Bureau of Alcohol,
Tobacco and Firearms, including whether the information will have
practical utility;
The accuracy of the estimated burden associated with the proposed
collections of information (see below);
How the quality, utility, and clarity of the information to be
collected may be enhanced; and
How the burden of complying with the proposed collections of
information may be minimized, including through the application of
automated collection techniques or other forms of information
technology.
The collections of information in this proposed regulation are in
27 CFR 178.92 and 27 CFR 179.102. This information is required to
properly identify each firearm that is manufactured or imported. The
collections of information are mandatory. The likely respondents are
businesses.
Estimated total annual reporting and/or recordkeeping burden: 5,012
hours.
Estimated average burden hours per respondent and/or recordkeeper:
2 hours.
Estimated number of respondents and/or recordkeepers: 2,506.
Estimated annual frequency of responses: one-time requirement to
change size and depth.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number assigned by the Office of Management and Budget.
Public Participation
We are requesting comments on the proposed regulations from all
interested persons. In particular, we are soliciting input from the
industry as to whether a minimum depth of .007 inch, rather than the
.005 inch proposed in this notice, is feasible using existing machinery
or if additional costs would be incurred to comply with such a minimum
depth. We are also specifically requesting comments on the clarity of
this proposed rule and how it may be made easier to understand.
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.
We will not recognize any material in comments as confidential.
Comments may be disclosed to the public. Any material which the
commenter considers to be confidential or inappropriate for disclosure
to the public should not be included in the comment. The name of the
person submitting a comment is not exempt from disclosure.
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 within the 90-day comment period. The
[[Page 33452]]
Director, however, reserves the right to determine, in light of all
circumstances, whether a public hearing is necessary.
Disclosure
Copies of this notice and the written comments will be available
for public inspection during normal business hours at: ATF Public
Reading Room, Room 6480, 650 Massachusetts Avenue, NW., Washington, DC.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in the Federal Register in April and October of each year. The RIN
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.
Drafting Information: The author of this document is James P.
Ficaretta, Regulations Division, Bureau of Alcohol, Tobacco and
Firearms.
List of Subjects
27 CFR Part 178
Administrative practice and procedure, Arms and ammunition,
Authority delegations, Customs duties and inspection, Exports, Imports,
Incorporation by reference, Military personnel, Penalties, Reporting
requirements, Research, Seizures and forfeitures, and Transportation.
27 CFR Part 179
Administrative practice and procedure, Arms and munitions,
Authority delegations, Customs duties and inspection, Exports, Imports,
Military personnel, Penalties, Reporting requirements, Research,
Seizures and forfeitures, and Transportation.
Authority and Issuance
For the reasons discussed in the preamble, ATF amends 27 CFR parts
178 and 179 as follows:
PART 178--COMMERCE IN FIREARMS AND AMMUNITION
Paragraph 1. The authority citation for 27 CFR Part 178 continues
to read as follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-930; 44 U.S.C.
3504(h).
Par. 2. Section 178.92 is amended by revising the section heading
and paragraph (a) to read as follows:
Sec. 178.92 How must licensed manufacturers and licensed importers
identify firearms, armor piercing ammunition, and large capacity
ammunition feeding devices?
(a)(1) Firearms. You, as a licensed manufacturer or licensed
importer of firearms, must legibly identify each firearm manufactured
or imported as follows:
(i) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame or receiver thereof an individual
serial number. The serial number must be placed in a manner not
susceptible of being readily obliterated, altered, or removed, and must
not duplicate any serial number placed by you on any other firearm. For
firearms manufactured on and after [Insert effective date of final
rule], the engraving, casting, or stamping (impressing) of the serial
number must be to a minimum depth of .005 inch and in a print size no
smaller than \3/32\ inch; and
(ii) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame, receiver, or barrel thereof certain
additional information. This information must be placed in a manner not
susceptible of being readily obliterated, altered, or removed. For
firearms manufactured on and after [Insert effective date of final
rule], the engraving, casting, or stamping (impressing) of this
information must be to a minimum depth of .005 inch. The additional
information includes:
(A) The model, if such designation has been made;
(B) The caliber or gauge;
(C) Your name (or recognized abbreviation) and also, when
applicable, the name of the foreign manufacturer;
(D) In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where you as the manufacturer
maintain your place of business; and
(E) In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where you as the importer maintain your place of
business.
(2) Firearm frames or receivers. A firearm frame or receiver that
is not a component part of a complete weapon at the time it is sold,
shipped, or otherwise disposed of by you must be identified as required
by this section.
(3) Special markings for semiautomatic assault weapons, effective
July 5, 1995. In the case of any semiautomatic assault weapon
manufactured after September 13, 1994, you must mark the frame or
receiver ``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the
case of weapons manufactured for export, ``FOR EXPORT ONLY,'' in a
manner not susceptible of being readily obliterated, altered, or
removed. For weapons manufactured on and after [Insert effective date
of final rule], the engraving, casting, or stamping (impressing) of the
special markings prescribed in this paragraph (a)(3) must be to a
minimum depth of .005 inch.
(4) Exceptions.--(i) Alternate means of identification. The
Director may authorize other means of identification upon receipt of a
letter application from you, submitted in duplicate, showing that such
other identification is reasonable and will not hinder the effective
administration of this part.
(ii) Destructive devices. In the case of a destructive device, the
Director may authorize other means of identifying that weapon upon
receipt of a letter application from you, submitted in duplicate,
showing that engraving, casting, or stamping (impressing) such a weapon
would be dangerous or impracticable.
(iii) Machine guns, silencers, and parts. Any part defined as a
machine gun, firearm muffler, or firearm silencer in Sec. 178.11, that
is not a component part of a complete weapon at the time it is sold,
shipped, or otherwise disposed of by you, must be identified as
required by this section. The Director may authorize other means of
identification of parts defined as machine guns other than frames or
receivers and parts defined as mufflers or silencers upon receipt of a
letter application from you, submitted in duplicate, showing that such
other identification is reasonable and will not hinder the effective
administration of this part.
* * * * *
PART 179--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
Par. 3. The authority citation for 27 CFR part 179 continues to
read as follows:
Authority: 26 U.S.C. 7805.
Par. 4. Section 179.102 is revised to read as follows:
Sec. 179.102 How must firearms be identified?
(a) You, as a manufacturer, importer, or maker of a firearm, must
legibly identify the firearm as follows:
(1) By engraving, casting, stamping (impressing), or otherwise
[[Page 33453]]
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame or receiver thereof an individual
serial number. The serial number must be placed in a manner not
susceptible of being readily obliterated, altered, or removed, and must
not duplicate any serial number placed by you on any other firearm. For
firearms manufactured on and after [insert effective date of final
rule], the engraving, casting, or stamping (impressing) of the serial
number must be to a minimum depth of .005 inch and in a print size no
smaller than 3/32 inch; and
(2) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed), or placed on the frame, receiver, or barrel thereof
certain additional information. This information must be placed in a
manner not susceptible of being readily obliterated, altered or
removed. For firearms manufactured on and after [Insert effective date
of final rule], the engraving , casting, or stamping (impressing) of
this information must be to a minimum depth of .005 inch. The
additional information includes:
(i) The model, if such designation has been made;
(ii) The caliber or gauge;
(iii) Your name (or recognized abbreviation) and also, when
applicable, the name of the foreign manufacturer or maker;
(iv) In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where you as the manufacturer
maintain your place of business, or where you, as the maker, made the
firearm; and
(v) In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where you as the importer maintain your place of
business.
(b) The Director may authorize other means of identification upon
receipt of a letter application from you, submitted in duplicate,
showing that such other identification is reasonable and will not
hinder the effective administration of this part.
(c) In the case of a destructive device, the Director may authorize
other means of identifying that weapon upon receipt of a letter
application you, submitted in duplicate, showing that engraving,
casting, or stamping (impressing) such a weapon would be dangerous or
impracticable.
(d) A firearm frame or receiver that is not a component part of a
complete weapon at the time it is sold, shipped, or otherwise disposed
of by you must be identified as required by this section.
(e)(1) Any part defined as a machine gun, muffler, or silencer for
the purposes of this part that is not a component part of a complete
firearm at the time it is sold, shipped, or otherwise disposed of by
you must be identified as required by this section.
(2) The Director may authorize other means of identification of
parts defined as machine guns other than frames or receivers and parts
defined as mufflers or silencers upon receipt of a letter application
from you, submitted in duplicate, showing that such other
identification is reasonable and will not hinder the effective
administration of this part.
Signed: April 12, 1999.
John W. Magaw,
Director.
Approved: June 4, 1999.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 99-15943 Filed 6-22-99; 8:45 am]
BILLING CODE 4810-31-P