[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26764-26767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10382]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Parts 478 and 479

[Docket No. ATF 29P]
RIN 1140-AA33


Identification Markings Placed on Firearm Silencers and Firearm 
Mufflers

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

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Department of Justice is considering amending the 
regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
(ATF) to require licensed manufacturers, licensed importers, and 
nonlicensed makers to place identification markings on the outer tube 
of firearm silencers and firearm mufflers. The Department wishes to 
gather information and comments from the public and industry concerning 
whether or not the regulations should be amended.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before August 2, 2016. Commenters should be aware 
that the electronic Federal Docket Management System will not accept 
comments after Midnight Eastern Time on the last day of the comment 
period.

ADDRESSES: You may submit comments, identified by docket number (ATF 
29P), by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 648-9741.
     Mail: Shermaine Kenner, Mailstop 6N-518, Office of 
Regulatory Affairs, Enforcement Programs and Services, Bureau of 
Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue NE., 
Washington, DC 20226: ATTN: ATF29P.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to the Federal eRulemaking portal, http://www.regulations.gov, including any personal information provided. For 
detailed instructions on submitting comments and additional information 
on the rulemaking process, see the ``Public Participation'' heading of 
the SUPPLEMENTARY INFORMATION section of this document.

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.

SUPPLEMENTARY INFORMATION:

I. 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 by such importer or manufacturer. The serial 
number must be engraved or cast on the receiver or frame of the weapon 
in such manner as the Attorney General prescribes by regulation. As 
defined in section 921(a)(3) of the GCA, the term ``firearm'' includes 
any firearm muffler or firearm silencer. The terms ``firearm silencer'' 
and ``firearm muffler'' are also defined in section 921(a)(24), as 
follows:

    [A]ny device for silencing, muffling, or diminishing the report 
of a portable firearm, including any combination of parts, designed 
or redesigned, and intended for use in assembling or fabricating a 
firearm silencer or firearm muffler, and any part intended only for 
use in such assembly or fabrication.

    With respect to certain firearms subject to the National Firearms 
Act (NFA) (26 U.S.C. chapter 53) (e.g., machine guns, any silencer (as 
defined in section 921(a)(24) of the GCA)), 26 U.S.C. 5842(a) requires 
each manufacturer and importer and anyone making a firearm to identify 
by a serial number each firearm manufactured, imported, or made. The 
serial number may not be readily removed, obliterated, or altered. 
Section 5842(a) also requires the firearm to be identified by the name 
of the manufacturer, importer, or maker, and such other identification 
as the Attorney General may prescribe by regulation.

[[Page 26765]]

    Regulations that implement 18 U.S.C. 923(i) are set forth in 27 CFR 
478.92. In general, Sec.  478.92(a)(1)(i) requires licensed 
manufacturers and licensed importers of firearms to legibly identify 
each firearm manufactured or imported 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 and must not duplicate any serial number placed by a licensed 
importer or manufacturer on any other firearm. For firearms 
manufactured or imported on and after January 30, 2002, the engraving, 
casting, or stamping (impressing) of the serial number must be to a 
minimum depth of .003 inch and in a print size no smaller than \1/16\ 
inch.
    In addition, Sec.  478.92(a)(1)(ii) requires licensed manufacturers 
and licensed importers to conspicuously place additional 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. For firearms manufactured or imported on and after 
January 30, 2002, the engraving, casting, or stamping (impressing) of 
this information must be to a minimum depth of .003 inch. The 
additional information includes:
    1. The model, if such designation has been made;
    2. The caliber or gauge;
    3. The name of the licensed manufacturer or licensed importer (or 
recognized abbreviation) and, when applicable, the name of the foreign 
manufacturer;
    4. In the case of a domestically made firearm, the city and State 
(or recognized abbreviation thereof) where the licensed manufacturer 
maintains his place of business; and
    5. 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 the licensed importer maintains his place 
of business.
    The same marking requirements apply to manufacturers, importers or 
makers of NFA firearms pursuant to 27 CFR 479.102(a).
    The current regulations do not specify the placement of required 
identification markings on firearm silencers and firearm mufflers. 
However, ATF has provided the industry with some guidance on this 
issue. In its ``Frequently Asked Questions--Silencers,'' dated April 
17, 2008, ATF stated the following:

    The silencer must be marked in accordance with 27 CFR 478.92 and 
479.102. The regulations require that the markings be conspicuous 
and legible, meaning that the markings may be placed on any external 
part, such as the outer tube or end cap. ATF strongly recommends 
that manufacturers place all required markings on the outer tube of 
the silencer, as this is the accepted industry standard. Moreover, 
this practice eliminates the need to remark in the event an end cap 
bearing the markings is damaged and requires replacement.

II. National Firearms Act Trade and Collectors Association Petition

    On April 27, 2008, ATF received a petition filed on behalf of the 
National Firearms Act Trade and Collectors Association (NFATCA). NFATCA 
is a trade group representing the firearms and import community. Some 
of its members primarily manufacture, transport, and possess silencers 
for lawful use.
    Although in its April 2008 guidance ATF recommended that 
manufacturers place all required markings on the outer tube of the 
silencer, it stated that the required markings could also be placed on 
any external part of the silencer, including the end cap, provided the 
required markings are conspicuous and legible. According to the 
petitioner, the industry's response to ATF's guidance was not 
favorable:

    There has been an overwhelmingly negative response from the 
members of our trade to this particular guidance . . . there is 
strong policy agreement between ATF and our trade that only the 
silencer [outer] tube should be marked in accordance with the 
marking requirements of Parts 478 and 479 of Title 27 of the Code of 
Federal Regulations. . . . Allowing end caps to be the possible 
marking location for silencers does constitute a serious public 
safety issue in the areas of diversion, tracing, and evasion of 
other NFA rules.

    In addition, the petitioner stated that ``[w]e have also been 
further advised that the Bureau does not see how they would be able to 
take any adverse legal action against a person or entity that should 
decide to mark the end caps of a silencer without promulgating a change 
in the regulations.''
    Accordingly, the petitioner requested that the relevant regulations 
be amended to require that a silencer be marked on the outer tube (as 
opposed to other locations), unless a variance is granted by the 
Director on a case-by-case basis for good cause. ATF finds that the 
petitioner has raised valid concerns and it believes that an amendment 
of the regulations is warranted. Therefore, based upon the statutory 
language and the facts as outlined below, ATF seeks to address the 
marking requirements of silencers to ensure that the serial numbers are 
placed on the part of the silencer that is least likely to be destroyed 
or removed, and therefore most likely to ensure that law enforcement 
are able to identify and trace a particular firearm silencer or firearm 
muffler.

III. Discussion

    ATF is requesting information from industry members, trade 
associations, consumers, and all other interested parties to determine 
whether to require placement of identification markings on the outer 
tube of firearm silencers and firearm mufflers. Along with industry 
members, ATF considers the term ``outer tube'' to mean the largest 
external part of a silencer and is that portion of a silencer which 
encapsulates all components of the silencing unit and which contains 
and controls the expansion of the escaping gases.
    As indicated, placing all required markings on the outer tube of a 
completed firearm silencer or firearm muffler is the accepted industry 
standard. In addition, requiring identification markings to be placed 
on a single part provides consistency of markings throughout the 
industry and eliminates the need to remark a device in the event an end 
cap bearing the markings is damaged and requires replacement. If a 
silencer is not aligned with the barrel, the end cap might be damaged 
when a projectile passes through it. Outer tubes are rarely damaged in 
this way. Such damage often requires replacement of the end cap. 
Further, end caps are often removable so that processors may access the 
internal components within the silencer. Permitting serialization of a 
removable and fungible component may facilitate trafficking or illegal 
transfer of silencers by permitting registrants to use the serialized 
end cap of a registered silencer with an otherwise unregistered 
silencer.
    Although ATF is soliciting comments on the following specific 
questions, it is also requesting any relevant information on the 
subject.
    1. What percentage of manufacturers mark the end cap? If an outer 
tube is present, why do manufacturers mark the end cap instead of the 
outer tube of the silencer?
    2. If there is an additional cost (fixed or variable) between 
marking the end cap instead of the outer tube, how would ATF estimate 
such costs across the entire industry?
    3. Are there other parts or locations where the markings may be 
placed and still meet the requirements? If so, where?

[[Page 26766]]

    4. Are there silencer designs for a completed device for which 
marking the outer tube would be impossible? If so, what are those 
designs?
    5. When there are multiple outer tubes that make up one complete 
device, how should they be marked?

IV. Statutory and Executive Order Review

    This advance notice of proposed rulemaking (ANPRM) has been drafted 
and reviewed in accordance with Executive Order 12866, ``Regulatory 
Planning and Review,'' section 1(b), The Principles of Regulation, and 
in accordance with Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' section 1(b), General Principles of Regulation.
    The Department of Justice has determined that this ANPRM is a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), and accordingly this ANPRM has been reviewed by the Office of 
Management and Budget. However, this action does not propose or impose 
any requirements. The ANPRM is being published to seek information from 
the public about the feasibility of marking silencer tubes.
    Furthermore, the requirements of section 603 of the Regulatory 
Flexibility Act do not apply to this action because, at this stage, it 
is an ANPRM and not a ``rule'' as defined in section 601 of the 
Regulatory Flexibility Act. Following review of the comments received 
in response to this ANPRM, if ATF promulgates a notice or notices of 
proposed rulemaking regarding this matter, ATF will conduct all 
analyses required by the Regulatory Flexibility Act, Executive Order 
12866, and any other statutes or Executive Orders relevant to those 
rules and in effect at the time of promulgation.

Public Participation

A. Comments Sought

    ATF requests comments on this ANPRM from all interested persons. 
ATF specifically requests comments on the clarity of this ANPRM and how 
easy it is to understand. Additional comments are sought on the costs 
or benefits of the proposal in this ANPRM and on the appropriate 
methodology and data for calculating those costs and benefits.
    All comments must reference the docket number (ATF 29P), be 
legible, and include the commenter's complete first and last name and 
full mailing address. ATF will not consider, or respond to, comments 
that do not meet these requirements or comments containing profanity. 
In addition, if ATF cannot read your comment due to technical 
difficulties and cannot contact you for clarification, ATF may not be 
able to consider your comment.
    ATF will carefully consider all comments, as appropriate, received 
on or before the closing date, and will give comments received after 
that date 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.
    ATF will not acknowledge receipt of comments.

B. Confidentiality

    ATF will make all comments meeting the requirements of this section 
available for public viewing at ATF and on the Internet as part of the 
eRulemaking initiative, and subject to the Freedom of Information Act. 
ATF will not redact personal identifying information that appears 
within the comment and it will appear on the Internet.
    The commenter should not include material that is considered 
confidential or inappropriate for disclosure to the public. Any person 
submitting a comment containing confidential material shall 
specifically designate that portion of the comment that contains 
material that is confidential under law (e.g., trade secrets, 
processes). The commenter shall place any portion of a comment that is 
confidential under law on pages separate from the balance of the 
comment with each page prominently marked ``confidential'' at the top 
of the page.
    Confidential information will be included in the rulemaking 
administrative record but will not be disclosed to the public. Any 
comments containing material that is not confidential under law may be 
disclosed to the public. In any event, a commenter's full first and 
last name and complete mailing address are not exempt from disclosure.

C. Submitting Comments

    Submit comments in any of three ways (but do not submit the same 
comments multiple times or by more than one method).
     Federal eRulemaking Portal: We strongly recommend that you 
submit your comments to ATF via the Federal eRulemaking portal. Visit 
http://www.regulations.gov and follow the instructions for submitting 
comments. Comments will be posted within a few days of being submitted. 
However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
     Mail: Send written comments to the address listed in the 
ADDRESSES section of this document. Written comments must appear in 
minimum 12 point font size (.17 inches), include the commenter's 
complete first and last name and full mailing address, be signed, and 
may be of any length.
     Facsimile: Submit comments by facsimile transmission to 
(202) 648-9741. Faxed comments must:
    (1) Be legible and appear in minimum 12-point font size (.17 
inches);
    (2) Be on 8\1/2\'' x 11'' paper;
    (3) Be signed and contain the commenter's complete first and last 
name and full mailing address; and
    (4) Be no more than five pages long.

D. Request for Hearing

    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 of ATF 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.

Disclosure

    Copies of the petition, this advance notice, and the comments 
received will be available at http://www.regulations.gov (search for 
Docket No. ATF 29P) and for public inspection by appointment during 
normal business hours at: ATF Reading Room, Room 1E-063, 99 New York 
Avenue NE., Washington, DC 20226; telephone: (202) 648-8740.

Drafting Information

    The author of this document is Shermaine Kenner, Office of 
Regulatory Affairs, Enforcement Programs and Service; Bureau of 
Alcohol, Tobacco, Firearms, and Explosives.

List of Subjects

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, 
Transportation.

27 CFR Part 479

    Administrative practice and procedure, Arms and munitions, Customs 
duties and inspection, Excise taxes, Exports, Imports, Military

[[Page 26767]]

personnel, Penalties, Reporting and recordkeeping requirements, 
Seizures and forfeitures, Transportation.

Authority and Issuance

    This notice is issued under the authority of 5 U.S.C. 552(a); 18 
U.S.C. 847, 921-931; and 44 U.S.C. 3504(h).

    Dated: April 28, 2016.
Thomas E. Brandon,
Deputy Director.
[FR Doc. 2016-10382 Filed 5-3-16; 8:45 am]
BILLING CODE 4410-FY-P