[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Rules and Regulations]
[Pages 57239-57242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23178]



[[Page 57239]]

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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Parts 447, 478, 479, and 555

[Docket No. ATF 11F; AG Order No. 3006-2008]
RIN 1140-AA32


Technical Amendments to Regulations in Title 27, Chapter II 
(2006R-6P)

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

ACTION: Final rule.

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SUMMARY: This final rule makes technical amendments and corrects 
typographical errors in parts 447, 478, 479, and 555 of title 27, Code 
of Federal Regulations (CFR). All changes are to provide clarity and 
uniformity throughout these regulations.

DATES: This rule is effective October 2, 2008.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Gillis, 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) 648-7093.

SUPPLEMENTARY INFORMATION: 

Background

    The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) 
administers regulations published in title 27, chapter II, Code of 
Federal Regulations. These regulations are updated April 1 of each year 
to incorporate new or revised regulations that were published by ATF in 
the Federal Register during the preceding year. ATF identified several 
amendments that are needed to provide clarity and uniformity to the 
regulations it administers in 27 CFR.
    These amendments do not make any substantive changes and are only 
intended to improve the clarity of title 27, chapter II.
    The following sections are being amended to reflect the current 
control numbers issued by the Office of Management and Budget (OMB): 
Sections 447.32-447.34, 447.42, 447.45, 447.57, 478.25a, 478.39a-
478.40a, 478.44, 478.45, 478.52, 478.92, 478.94-478.96, 478.102, 
478.112-478.114, 478.119-478.124, 478.125-478.126a, 478.131-478.133, 
478.150, 479.102, 479.131, 555.109, 555.121-555.124, 555.184, and 
555.201.
    The following sections are being amended to replace ``Chief, 
National Licensing Center'' with ``Chief, Federal Firearms Licensing 
Center'': Sections 478.11, 478.41, 478.45, 478.47, 478.48, 478.52-
478.54, 478.56, 478.57, 478.60, 478.95, and 478.127.
    Sections 447.35 and 447.58 are being amended to reflect ATF's 
current Web site address.
    The following sections are being amended to reflect the current 
address for ATF's Distribution Center and Out-of-Business Records 
Center: Sections 478.21, 478.124, 478.127, 479.21, 555.21, 555.23, and 
555.128.
    Section 447.32 is being amended to reflect the current address for 
registration refunds regarding the importation of articles enumerated 
on the U.S. Munitions Import List.
    Sections 478.25a and 478.39a are being amended to reflect current 
telephone numbers.
    Sections 478.44, 478.45, and 478.47 are being amended to remove all 
references to obsolete forms.
    Sections 478.44 and 478.95 are being amended to reflect a 
nomenclature change.
    Section 478.96 is being amended to correct a typographical error.
    Section 478.125(f) is being amended to remove a repetitive 
sentence.
    Sections 478.151 and 555.109 are being amended to include the 
control numbers approved by OMB.
    Section 555.181 is being amended to remove the OMB control number, 
since the collection of information in this section no longer applies.

How This Document Complies With the Federal Administrative Requirements 
for Rulemaking

A. Executive Order 12866

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, section 1(b), 
Principles of Regulation. The Department has determined that this rule 
is not a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), and accordingly this rule has not been reviewed by the 
Office of Management and Budget.

B. Executive Order 13132

    This regulation 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, 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.

D. Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
is a rule of agency organization, procedure, and practice. 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)(3)(A), (d)(3). Moreover, the Department finds good cause 
for exempting the rule from those requirements. Because this final rule 
merely 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 provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis are not applicable to 
this rule because the agency was not required to publish a general 
notice of proposed rulemaking under 5 U.S.C. 553 or any other law.

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 
companies to compete with foreign-based companies 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, 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.

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H. Paperwork Reduction Act of 1995

    This final rule does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act.

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). Therefore, the 
reporting requirement of 5 U.S.C. 801 does not apply.

Drafting Information

    The author of this document is Elizabeth Gillis; Enforcement 
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and 
Explosives.

List of Subjects

27 CFR Part 447

    Administrative practice and procedure, Arms control, Arms and 
munitions, Authority delegation, Chemicals, Customs duties and 
inspection, Imports, Penalties, Reporting and recordkeeping 
requirements, Scientific equipment, Seizures and forfeitures.

27 CFR Part 478

    Administrative practice and procedure, Arms and munitions, 
Authority delegations, Customs duties and inspection, Domestic 
violence, Exports, Imports, Law enforcement personnel, Military 
personnel, Nonimmigrant aliens, Penalties, Reporting requirements, 
Research, Seizures and forfeitures, Transportation.

27 CFR Part 479

    Administrative practice and procedure, Arms and munitions, 
Authority delegations, Customs duties and inspection, Exports, Imports, 
Military personnel, Penalties, Reporting requirements, Research, 
Seizures and forfeitures, Transportation.

27 CFR Part 555

    Administrative practice and procedure, Authority delegations, 
Customs duties and inspection, Explosives, Hazardous materials, 
Imports, Penalties, Reporting and recordkeeping requirements, Safety, 
Security measures, Seizures and forfeitures, Transportation, 
Warehouses.

Authority and Issuance

0
Accordingly, for the reasons discussed in the preamble, 27 CFR parts 
447, 478, 479, and 555 are amended as follows:

PART 447--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR

0
1. The authority citation for 27 CFR Part 447 continues to read as 
follows:

    Authority: 22 U.S.C. 2778.


0
2. Section 447.32 is amended by removing ``Washington, DC 20226,'' in 
paragraph (c) and adding in its place ``Martinsburg, WV 25405,'' and by 
removing ``1512-0021'' in the parenthetical text at the end of the 
section and adding in its place ``1140-0009''.

0
3. Section 447.33 is amended by removing ``1512-0021'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0009''.

0
4. Section 447.34 is amended by removing ``1512-0387'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0032''.

0
5. Section 447.35(b) is amended by removing ``http://www.atf.treas.gov/
'' and adding in its place ``http://www.atf.gov/''.

0
6. Section 447.42 is amended by removing ``1512-0017'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0005''.

0
7. Section 447.45 is amended by removing ``1512-0019'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0007''.

0
8. Section 447.57 is amended by removing ``1512-0017'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0005''.

0
9. Section 447.58 is amended by removing ``http://www.atf.treas.gov/'' 
and adding in its place ``http://www.atf.gov/''.

PART 478--COMMERCE IN FIREARMS AND AMMUNITION

0
10. 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, 921-930; 44 U.S.C. 
3504(h).


0
11. Section 478.11 is amended by removing the term ``Chief, National 
Licensing Center'' and adding in its place ``Chief, Federal Firearms 
Licensing Center (FFLC)''.

0
12. Section 478.21(b) is amended by removing ``7943 Angus Court, 
Springfield, Virginia 22153'' and adding in its place ``7664 K 
Fullerton Road, Springfield, Virginia 22150''.

0
13. Section 478.25a is amended by removing ``1-800-788-7132'' in the 
last sentence and adding in its place ``1-800-788-7133'', and by 
removing ``1512-0387'' in the parenthetical text at the end of the 
section and adding in its place ``1140-0032''.

0
14. Section 478.39a is amended by removing ``1-800-800-3855'' in the 
second sentence and adding in its place ``1-888-930-9275'', and by 
removing ``1512-0524'' in the parenthetical text at the end of the 
section and adding in its place ``1140-0039''.

0
15. Section 478.40 is amended by removing ``1512-0526'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0041''.

0
16. Section 478.40a is amended by removing ``1512-0526'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0041''.

0
17. Section 478.41 is amended by removing ``Chief, National Licensing 
Center'' in the first sentence of paragraph (b) and adding in its place 
``Chief, Federal Firearms Licensing Center'', and by removing 
``National Licensing Center'' in the first sentence of paragraph (c) 
and adding in its place ``Federal Firearms Licensing Center''.

0
18. Section 478.44 is amended by adding the word ``and'' at the end of 
paragraph (a)(1)(iii); by removing paragraph (a)(1)(iv); by 
redesignating paragraph (a)(1)(v) as paragraph (a)(1)(iv); by revising 
newly redesignated paragraph (a)(1)(iv); by revising paragraph (a)(2); 
by revising the last two sentences in paragraph (b); and by removing 
``1512-0570'' in the parenthetical text at the end of the section and 
adding in its place ``1140-0060'', to read as follows:


Sec.  478.44  Original license.

    (a)(1) * * *
    (iv) Include the appropriate fee in the form of money order or 
check made payable to the ``Bureau of Alcohol, Tobacco, Firearms, and 
Explosives''.
    (2) ATF Form 7 may be obtained by contacting the ATF Distribution 
Center (See Sec.  478.21).
    (b) * * * The application shall include the appropriate fee in the 
form of a money order or check made payable to the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives. ATF Form 7CR (Curios and Relics) may 
be

[[Page 57241]]

obtained by contacting the ATF Distribution Center (See Sec.  478.21).
* * * * *

0
19. Section 478.45 is revised to read as follows:


Sec.  478.45  Renewal of license.

    If a licensee intends to continue the business or activity 
described on a license issued under this part during any portion of the 
ensuing year, the licensee shall, unless otherwise notified in writing 
by the Chief, Federal Firearms Licensing Center, execute and file with 
ATF prior to the expiration of the license an application for a license 
renewal, ATF Form 8 Part II, in accordance with the instructions on the 
form, and the required fee. If the applicant is a nonimmigrant alien, 
the application must include applicable documentation demonstrating 
that the nonimmigrant alien falls within an exception to or has 
obtained a waiver from the nonimmigrant alien provision (e.g., a 
hunting license or permit lawfully issued in the United States; 
waiver). The Chief, Federal Firearms Licensing Center may, in writing, 
require the applicant for license renewal to also file completed ATF 
Form 7 or ATF Form 7CR in the manner required by Sec.  478.44. In the 
event the licensee does not timely file an ATF Form 8 Part II, the 
licensee must file an ATF Form 7 or ATF Form 7CR as required by Sec.  
478.44, and obtain the required license before continuing business or 
collecting activity. If an ATF Form 8 Part II is not timely received 
through the mails, the licensee should so notify the Chief, Federal 
Firearms Licensing Center.
    (Approved by the Office of Management and Budget under control 
number 1140-0060).

0
20. Section 478.47 is amended by adding the word ``and'' at the end of 
paragraph (b)(4); by removing ``; and'' at the end of paragraph (b)(5) 
and adding in its place a period; by removing paragraph (b)(6); by 
removing ``Chief, National Licensing Center'' each place it appears in 
the section and adding in its place ``Chief, Federal Firearms Licensing 
Center''; and by removing the parenthetical text at the end of the 
section.

0
21. Section 478.48 is amended by removing ``Chief, National Licensing 
Center'' each place it appears and adding in its place ``Chief, Federal 
Firearms Licensing Center''.

0
22. Section 478.52 is amended by removing ``Chief, National Licensing 
Center'' each place it appears and adding in its place ``Chief, Federal 
Firearms Licensing Center'', and by removing ``1512-0525'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0040''.

0
23. Section 478.53 is amended by removing ``Chief, National Licensing 
Center'' and adding in its place ``Chief, Federal Firearms Licensing 
Center''.

0
24. Section 478.54 is amended by removing ``Chief, National Licensing 
Center'' and adding in its place ``Chief, Federal Firearms Licensing 
Center''.

0
25. Section 478.56(b) is amended by removing ``Chief, National 
Licensing Center'' and adding in its place ``Chief, Federal Firearms 
Licensing Center''.

0
26. Section 478.57(a) is amended by removing ``Chief, National 
Licensing Center'' and adding in its place ``Chief, Federal Firearms 
Licensing Center''.

0
27. Section 478.60 is amended by removing ``Chief, National Licensing 
Center'' and adding in its place ``Chief, Federal Firearms Licensing 
Center''.

0
28. Section 478.92 is amended by removing ``1512-0550'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0050''.

0
29. Section 478.94 is amended by removing ``1512-0387'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0032''.

0
30. Section 478.95 is amended by removing ``Chief, National Licensing 
Center'' and adding in its place ``Chief, Federal Firearms Licensing 
Center''; by removing ``Bureau of Alcohol, Tobacco and Firearms'' and 
adding in its place ``Bureau of Alcohol, Tobacco, Firearms, and 
Explosives''; and by removing ``1512-0387'' in the parenthetical text 
at the end of the section and adding in its place ``1140-0032''.

0
31. Section 478.96 is amended by removing ``Sec.  478.424'' at the end 
of the first sentence in paragraph (b) and adding in its place ``Sec.  
478.124'', and by removing ``1512-0130'' in the parenthetical text at 
the end of the section and adding in its place ``1140-0021''.

0
32. Section 478.102 is amended by removing ``1512-0544'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0045''.

0
33. Section 478.112 is amended by removing ``1512-0017'' and ``1512-
0019'' in the parenthetical text at the end of the section and adding 
in their place ``1140-0005'' and ``1140-0007'', respectively.

0
34. Section 478.113 is amended by removing ``1512-0017'' and ``1512-
0019'' in the parenthetical text at the end of the section and adding 
in their place ``1140-0005'' and ``1140-0007'', respectively.

0
35. Section 478.113a is amended by removing ``1512-0017'' and ``1512-
0019'' in the parenthetical text at the end of the section and adding 
in their place ``1140-0005'' and ``1140-0007'', respectively.

0
36. Section 478.114 is amended by removing ``1512-0018'' and ``1512-
0019'' in the parenthetical text at the end of the section and adding 
in their place ``1140-0006'' and ``1140-0007'', respectively.

0
37. Section 478.119 is amended by removing ``1512-0017'', ``1512-
0018'', and ``1512-0019'' in the parenthetical text at the end of the 
section and adding in their place ``1140-0005'', ``1140-0006'', and 
``1140-0007'', respectively.

0
38. Section 478.120 is amended by removing ``1512-0570'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0060''.

0
39. Section 478.121 is amended by removing ``1512-0129'' and ``1512-
0387'' in the parenthetical text at the end of the section and adding 
in their place ``1140-0020''and ``1140-0032'', respectively.

0
40. Section 478.122 is amended by removing ``1512-0387'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0032''.

0
41. Section 478.123 is amended by removing ``1512-0369'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0067''.

0
42. Section 478.124 is amended by removing ``Center, 7943 Angus Court, 
Springfield, Virginia 22153'' in paragraph (i) and adding in its place 
``Center (See Sec.  478.21)'', and by revising the parenthetical text 
at the end of the section to read as follows:


Sec.  478.124  Firearms transaction record.

* * * * *
    (Paragraph (c) approved by the Office of Management and Budget 
under control numbers 1140-0045, 1140-0020, and 1140-0060; paragraph 
(f) approved by the Office of Management and Budget under control 
number 1140-0021; all other recordkeeping approved by the Office of 
Management and Budget under control number 1140-0020)

0
43. Section 478.125 is amended by removing the eighth sentence in the 
introductory text of paragraph (f), and by removing ``1512-0387'' in 
the parenthetical text at the end of the

[[Page 57242]]

section and adding in its place ``1140-0032''.

0
44. Section 478.125a is amended by removing ``1512-0387'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0032''.

0
45. Section 478.126 is amended by removing ``1512-0387'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0032''.

0
46. Section 478.126a is amended by removing ``1512-0006'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0003''.

0
47. Section 478.127 is amended by removing ``Spring Mills Office Park, 
2029 Stonewall Jackson Drive, Falling Waters, West Virginia 25419'' in 
the second sentence and adding in its place ``244 Needy Road, 
Martinsburg, West Virginia 25405'', and by removing ``Chief, National 
Licensing Center'' and adding in its place ``Chief, Federal Firearms 
Licensing Center''.

0
48. Section 478.131 is amended by removing ``1512-0544'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0045''.

0
49. Section 478.132 is amended by removing ``1512-0526'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0041''.

0
50. Section 478.133 is amended by removing ``1512-0526'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0041''.

0
51. Section 478.150 is amended by removing ``1512-0544'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0045''.

0
52. Section 478.151 is amended by adding a parenthetical text at the 
end of the section to read as follows:


Sec.  478.151  Semiautomatic rifles or shotguns for testing or 
experimentation.

* * * * *
    (Paragraph (b) approved by the Office of Management and Budget 
under control number 1140-0037)

PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER 
FIREARMS

0
53. The authority citation for 27 CFR Part 479 continues to read as 
follows:

    Authority: 26 U.S.C. 7805.


0
54. Section 479.21(b) is amended by removing ``7943 Angus Court, 
Springfield, Virginia 22153'' and adding in its place ``7664 K 
Fullerton Road, Springfield, Virginia 22150''.

0
55. Section 479.102 is amended by removing ``1512-0550'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0050''.

0
56. Section 479.131 is amended by removing ``1512-0387'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0032''.

PART 555--COMMERCE IN EXPLOSIVES

0
57. The authority citation for 27 CFR Part 555 continues to read as 
follows:

    Authority: 18 U.S.C. 847.

0
58. Section 555.21(b) is amended by removing ``7943 Angus Court, 
Springfield, Virginia 22153'' and adding in its place ``7664 K 
Fullerton Road, Springfield, Virginia 22150''.

0
59. Section 555.23 is amended by removing ``Center, 7943 Angus Court, 
Springfield, Virginia, 22153'' and adding in its place ``Center (See 
Sec.  555.21)''.

0
60. Section 555.109 is amended by removing the parenthetical text at 
the end of the section and adding in its place ``(Approved by the 
Office of Management and Budget under control numbers 1140-0055 and 
1140-0062)''.

0
61. Section 555.121 is amended by removing ``1512-0373'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0030''.

0
62. Section 555.122 is amended by removing ``1512-0373'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0030''.

0
63. Section 555.123 is amended by removing ``1512-0373'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0030''.

0
64. Section 555.124 is amended by removing ``1512-0373'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0030''.

0
65. Section 555.128 is amended by removing ``Spring Mills Office Park, 
882 T.J. Jackson Drive, Falling Waters, West Virginia 25419'' in the 
second sentence and adding in its place ``244 Needy Road, Martinsburg, 
West Virginia 25405''.

0
66. Section 555.181 is amended by removing the parenthetical text at 
the end of section.

0
67. Section 555.184 is amended by removing ``1512-0539'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0042''.

0
68. Section 555.201 is amended by removing ``1512-0536'' in the 
parenthetical text at the end of the section and adding in its place 
``1140-0071''.

    Dated: September 26, 2008.
Michael B. Mukasey,
Attorney General.
 [FR Doc. E8-23178 Filed 10-1-08; 8:45 am]
BILLING CODE 4410-FY-P