Implementation of Public Law 103-159, Including the Brady Handgun Violence Prevention Act

SUMMARY: In the Rules and Regulations portion of this Federal Register,

the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary

regulations regarding the implementation of Public Law 103-159,

including the Brady Handgun Violence Prevention Act, enacted November

30, 1993. These regulations implement the law by imposing a 5-day

waiting period before a Federally licensed firearms importer,

manufacturer, or dealer may lawfully transfer a handgun to a

nonlicensed individual. Regulations are also prescribed with regard to

reporting requirements for multiple handgun sales, labeling of packages

containing a firearm, theft of firearms from firearms licensees, and

increased license fees for dealers in firearms. 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 16, 1994.

ADDRESSES: Send written comments to: Chief, Revenue Programs Division;

Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC

20091-0221; ATTN: Notice No. 789.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Revenue Division,

Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW.,

Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this proposed regulation is not a

significant regulatory action as defined by Executive Order 12866,

because the economic effects flow directly from the underlying statute

and not from this notice of proposed rulemaking. Accordingly, this

proposal is not subject to the analysis required by this Executive

order.

Regulatory Flexibility Act

It is hereby certified that these proposed regulations will not

have a significant economic impact on a substantial number of small

entities. The revenue effects of this rulemaking on small businesses

flow directly from the underlying statute. Likewise, any secondary or

incidental effects, and any reporting, recordkeeping, or other

compliance burdens flow directly from the statute.

Paperwork Reduction Act

The collection of information contained in this notice has been

submitted to the Office of Management and Budget for review in

accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3504(h)). Comments on the collection of information should be sent to

the Office of Management and Budget, Paperwork Reduction Project 1512-

0520, Washington, DC 20503, with copies to the Chief, Information

Programs Branch, room 3110, Bureau of Alcohol, Tobacco, and Firearms,

650 Massachusetts Avenue, NW, Washington, DC 20226.

The collection of information in this proposed regulation is in 27

CFR 178.130. This information is required by the Bureau of Alcohol,

Tobacco and Firearms to comply with the provisions of Public Law 103-

159 (107 Stat. 1536). This information will be used to prevent the

purchase of handguns by convicted felons and other persons who are

prohibited by law from receiving or possessing firearms, which is the

purpose of Public Law 103-159. The likely respondents and recordkeepers

are individuals and small businesses. Estimated total annual reporting

and recordkeeping burden: 516,750 hours. Estimated number of

respondents and recordkeepers: 8,213,450. Estimated annual frequency of

responses: on occasion.

Public Participation

ATF requests comments on the temporary regulations from all

interested persons. 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.

ATF 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.

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-354 published in the Rules and Regulations

section of this issue of the Federal Register.

Drafting Information

The author of this document is James P. Ficaretta, Revenue Programs

Division, Bureau of Alcohol, Tobacco and Firearms.

Signed: January 21, 1994.

Daniel R. Black,

Acting Director.

Approved: January 27, 1994.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement) .

[FR Doc. 94-3226 Filed 2-11-94; 8:45 am]

BILLING CODE 4810-31-2