[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60333-60334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24301]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
[Docket No. ATF 2019R-03; AG Order No. 4576-2019]
Removal of Expired Regulations Concerning Commerce in Firearms
and Ammunition; Correction
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Final rule.
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SUMMARY: On April 1, 2019, the Department of Justice published in the
Federal Register a final rule making technical changes to remove
expired, obsolete, or unnecessary regulations; correct specific
headings; and reflect changes to nomenclature in the Bureau of Alcohol,
Tobacco, Firearms, and Explosives regulations related to the commerce
in firearms and ammunition. That document inadvertently included an
incomplete revision to remove all words related to an expired
regulation. This final rule corrects the April 2019 amendment by
revising the section to complete the removal of the expired regulation.
DATES: This rule is effective November 8, 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
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
administers regulations published in title 27, Code of Federal
Regulations (CFR), part 478, concerning commerce in firearms and
ammunition. On April 1, 2019, the Department of Justice (DOJ) published
in the Federal Register a final rule that made technical amendments in
ATF regulations in the CFR (84 FR 12093). The technical changes made in
this rule included 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that are no longer applicable; the correction of section headings for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 were 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, Pub. L.
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 the final rule was
issued to remove or amend the regulatory provisions that had, in whole
or in part, implemented that Act as they are no longer effective.
The April 2019 technical amendments inadvertently failed to remove
all words related to the expired regulation that were included in 27
CFR 478.171. This final rule corrects the changes in the CFR made by
the 2019 technical amendments by amending Sec. 478.171 to remove ``and
manufactured after September 13, 1994, '' and ``or were'' in the last
sentence of the paragraph and to add ``was'' before ``exported'' in the
last sentence of the paragraph.
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 Principle 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.''
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 part
478 contains references to expired regulations and has 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
[[Page 60334]]
these reasons, the agency has determined that publishing a noticed 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. 1531-1525.
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
Pursuant to the Congressonal Review Act, 5 U.S.C. 801 et seq., the
Office of Information and Regulatory Affairs designated this rule as
not a major rule, as defined by 5 U.S.C. 804(2).
List of Subjects in 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.
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, 27 CFR part
478 is 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. 478.171 [Amended]
0
2. Amend Sec. 478.171 by removing ``and manufactured after September
13, 1994,'' and ``or were'' in the last sentence of the paragraph and
adding ``was'' before ``exported'' in the last sentence of the
paragraph.
Dated: November 1, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-24301 Filed 11-7-19; 8:45 am]
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