[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Proposed Rules]
[Pages 5428-5429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2715]



  Federal Register / Vol. 67, No. 24 / Tuesday, February 5, 2002 / 
Proposed Rules  

[[Page 5428]]


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

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 178

[Notice No. 935]
RIN: 1512-AB93


Implementation of Public Law 105-277, Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999, Relating to Firearms 
Disabilities for Nonimmigrant Aliens, and Requirement for Import Permit 
for Nonimmigrant Aliens Bringing Firearms and Ammunition Into the 
United States (2001R-332P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Proposed rulemaking cross-referenced to temporary regulations.

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

SUMMARY: In the same issue, but a separate part of this Federal 
Register, we are issuing a temporary rule amending the regulations to 
implement the provisions of Public Law 105-277, Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999. These regulations 
implement the law by prohibiting, with certain exceptions, the transfer 
to and possession of firearms and ammunition by aliens in the United 
States in a nonimmigrant classification. In addition, we are amending 
the regulations to give the Secretary of the Treasury or his delegate 
the authority to require nonresidents to obtain an import permit in 
order to bring firearms and ammunition into the United States for 
hunting or sporting purposes. In the interest of national security and 
pubic safety, ATF will require nonimmigrant aliens to obtain import 
permits for all importations of firearms and ammunition into the United 
States (except for those exempt importations specified in the 
regulations) as of the effective date of the temporary rule. The 
temporary regulations also serve as the text of this notice of proposed 
rulemaking for final regulations.

DATES: Written comments must be received on or before May 6, 2002.

ADDRESSES: Send written comments to: Chief, Regulations Division; 
Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 
20091-0221; ATTN: Notice No. 935. Written comments must be signed, and 
may be of any length.
    E-mail comments may be submitted to: [email protected].  E-
mail comments must contain your name, mailing address, and e-mail 
address. They must also reference this notice number and be legible 
when printed on not more than three pages 8\1/2\"  x  11" in size. We 
will treat e-mail as originals and we will not acknowledge receipt of 
e-mail. See the Public Participation section at the end of this notice 
for requirements for submitting written comments by facsimile.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW., Washington, DC 20226 (202-927-8210).

SUPPLEMENTARY INFORMATION:

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 in E.O. 12866. Therefore, a 
regulatory assessment is not required.

B. Regulatory Flexibility Act

    We hereby certify that this proposed regulation, if adopted as a 
final rule, will not have a significant economic impact on a 
substantial number of small entities. The paperwork burdens associated 
with compliance with the proposed regulation are not significant. 
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 Department of the Treasury, 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, 650 Massachusetts Avenue, NW., 
Washington, DC 20226. Comments are specifically requested concerning:
    Whether the proposed collections of information are necessary for 
the proper performance of the function 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 178.44, 178.45, 178.120, and 178.124. This information is 
required to implement the provisions of Public Law 105-277, Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999, 
relating to firearms disabilities for nonimmigrant aliens. The likely 
respondents are individuals and businesses.
    Estimated total annual reporting and/or recordkeeping burden: 1,210 
hours.
    Estimated average annual burden hours per respondent and/or 
recordkeeper: .10 hour (6 minutes).
    Estimated number of respondents and/or recordkeepers: 12,100.
    Estimated annual frequency of responses: 12,100.
    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 temporary regulations from all 
interested persons. We are also specifically requesting comments on the 
clarity of the temporary 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.
    You may submit written comments by facsimile transmission to (202) 
927-8602. Facsimile comments must:
     Be legible;
     Reference this notice number;

[[Page 5429]]

     Be 8\1/2\"  x  11" in size;
     Contain a legible written signature; and
     Be not more than three pages long.
    We will not acknowledge receipt of facsimile transmissions. We will 
treat facsimile transmissions as originals.
    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 Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing is necessary.
    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR part 178. For the text of the temporary 
regulations, see T.D. ATF-471 published in the same separate part of 
this issue of the Federal Register.

Drafting Information

    The author of this document is James P. Ficaretta, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms.

    Signed: January 15, 2002.
Bradley A. Buckles,
Director.
    Approved: January 15, 2002.
Timothy E. Skud,
Acting Deputy Assistant Secretary, Regulatory, Tariff and Trade 
Enforcement.
[FR Doc. 02-2715 Filed 2-1-02; 8:45 am]
BILLING CODE 4810-31-P