[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12093-12095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06264]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 478 and 479
[Docket No. ATF 2014R-42; AG Order No. 4419-2019]
Removal of Expired Regulations Concerning Commerce in Firearms
and Ammunition and Machine Guns, Destructive Devices, and Certain Other
Firearms
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule makes technical amendments to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations in the
Code of Federal Regulations (CFR). These technical changes are being
made to remove expired, obsolete, or unnecessary regulations; correct
specific headings; and to reflect changes to nomenclature resulting
from the transfer of ATF to the Department of Justice from the
Department of the Treasury pursuant to the Homeland Security Act of
2002. The changes are designed to update and provide clarity throughout
these regulations.
DATES: This rule is effective April 1, 2019.
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
ATF administers regulations published in 27 CFR part 478,
concerning commerce in firearms and ammunition, and part 479,
concerning machine guns, destructive devices, and certain other
firearms. ATF identified several technical amendments that are needed
to provide clarity and accuracy to these regulations.
The technical changes made in this rule include the removal of
expired regulations and regulations that are no longer applicable; the
correction of section headings for accuracy; and a change in
nomenclature resulting from the transfer of ATF to the Department of
Justice from the Department of the Treasury pursuant to the Homeland
Security Act of 2002.
Several sections are being removed or amended because the statute
that formed the basis of those regulations is no longer in effect. The
Public Safety and Recreational Firearms Act (the Act), enacted as part
of the Violent Crime Control and Law Enforcement Act of 1994, Public
Law 103-322, Title XI (1994), established a 10-year prohibition on the
manufacture, transfer, or possession of ``semiautomatic assault
weapons,'' as defined in the Act, as well as large capacity feeding
devices. The Act expired on September 13, 2004, and ATF is removing or
amending the following regulatory provisions that had, in whole or in
part, implemented that Act and are therefore no longer effective:
Sections 478.40, 478.40a, 478.119, 478.132, and 478.153 are being
removed and reserved as they are no longer effective.
Section 478.57 is being amended to remove paragraphs (b) and (c) as
they are no longer effective.
Section 478.92 is being amended to remove the section heading and
replace it with a heading that does not contain ``large capacity
ammunition feeding devices'', and to remove paragraphs (a)(3) and (c),
as they are no longer effective.
Section 478.116 is being amended to remove all references to
``ammunition feeding device'' as those references are no longer
effective.
Section 478.171 is being amended to remove the last sentence
referencing exportation of semiautomatic assault weapons as it is no
longer effective.
The final rule makes two additional technical changes. First, Sec.
478.95 is being amended to reflect the correct section number as a
result of the transfer of ATF to the Department of Justice from the
Department of Treasury pursuant to the Homeland Security Act of 2002.
Second, Sec. 479.32 is being amended to remove paragraphs (a) and (c)
referencing special occupational tax rates prior to January 1988, as
the information is obsolete.
II. Statutory Orders and Executive Review
A. Executive Orders 12866, 13563, and 13771
This rule has been drafted and reviewed in accordance with
Executive Orders 12866, ``Regulatory Planning and Review,'' section
1(b), The Principles of Regulation; Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1(b), General Principles of
Regulation; and Executive Order 13771, ``Reducing Regulation and
Controlling Regulatory Costs.''
[[Page 12094]]
This rule makes technical corrections to eliminate outdated and
incorrect terminology and improve the clarity of the regulations, and
makes no substantive changes. The Department has determined that this
final rule is not a ``significant regulatory action'' as defined in
Executive Order 12866, section 3(f). Accordingly, this final rule has
not been reviewed by the Office of Management and Budget.
Finally, because this rule is not a significant regulatory action,
it is not subject to the requirements of Executive Order 13771. There
are no costs associated with this regulation; however, it benefits the
industry in that it removes outdated regulations and provides clarity
for the regulated industry. Because there are no costs associated with
this final rule, there are no monetized benefits. This rule is
considered a deregulatory action under Executive Order 13771.
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
Under the Administrative Procedure Act (``APA''), 5 U.S.C.
553(b)(3)(B), an agency may, for good cause, find the usual
requirements of prior notice and comment are impracticable,
unnecessary, or contrary to the public interest. Currently, 27 CFR
parts 478 and 479 contain references to expired regulations and have
obsolete, outdated, and incorrect terminology that may be confusing to
the public. The rule makes technical corrections to improve the clarity
and accuracy of the regulations and makes no substantive changes. For
these reasons, the agency has determined that publishing a notice of
proposed rulemaking and providing opportunity for public comment is
unnecessary.
Further, the APA permits an agency to make this rule effective upon
the date of publication because it is not a substantive rule. See 5
U.S.C. 553(d). Furthermore, the Department finds that there is good
cause for the final rule to take effect upon publication, since the
revisions made by this rule are minor, non-substantive, and technical,
and there is no reason to delay these changes. Id.
E. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603,
604, and 605(b), 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. 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, 2 U.S.C. 1531-1535.
G. 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.
H. Congressional Review Act
This rule is not a major rule as defined by the Congressional
Review Act, 5 U.S.C. 804.
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, Excise
taxes, Exports, Imports, Military personnel, Penalties, Reporting and
recordkeeping requirements, Seizures and forfeitures, Transportation.
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, 27 CFR
parts 478 and 479 are 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. 921-931; 44 U.S.C.
3504(h).
Sec. 478.40 [Removed and Reserved]
0
2. Remove and reserve Sec. 478.40.
Sec. 478.40a [Removed]
0
3. Remove Sec. 478.40a.
Sec. 478.57 [Amended]
0
4. Amend Sec. 478.57 by removing paragraphs (b) and (c) and
redesignating paragraph (a) as an undesignated paragraph.
0
5. Amend Sec. 478.92 by revising the section heading, removing and
reserving paragraph (a)(3), and removing paragraph (c) to read as
follows:
Sec. 478.92 Identification of firearms and armor piercing ammunition
by licensed manufacturers and licensed importers.
* * * * *
Sec. 478.95 [Amended]
0
6. Amend Sec. 478.95 by removing ``178.94'' and adding in its place
``478.94'' and removing ``(a)'' and ``(b)''.
Sec. 478.116 [Amended]
0
7. Amend Sec. 478.116 by removing ``ammunition, or ammunition feeding
device as defined in Sec. 478.119(b)'' and ``ammunition, or ammunition
feeding device'' everywhere they appear and adding in their place ``or
ammunition''.
Sec. 478.119, 478.132, and 478.153 [Removed and Reserved]
0
8. Remove and reserve Sec. Sec. 478.119, 478.132, and 478.153.
Sec. 478.171 [Amended]
0
9. Amend Sec. 478.171 by removing ``semiautomatic assault weapons'' in
the last sentence of the paragraph.
PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
0
10. The authority citation for 27 CFR part 479 continues to read as
follows:
Authority: 26 U.S.C. 5812; 26 U.S.C. 5822; 26 U.S.C. 7801; 26
U.S.C 7805.
Sec. 479.32 [Amended]
0
11. Amend Sec. 479.32 by removing paragraphs (a) and (c) and
redesignating paragraph (b) as an undesignated paragraph.
[[Page 12095]]
Dated: March 25, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-06264 Filed 3-29-19; 8:45 am]
BILLING CODE 4410-FY-P