Implementation of Public Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994 (94F-022P)

DEPARTMENT OF THE TREASURY

27 CFR Parts 55, 72, 178, and 179

[Notice No. 807]

RIN 1512-AB35

Implementation of Public Law 103-322, the Violent Crime Control

and Law Enforcement Act of 1994 (94F-022P)

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

the Treasury.

ACTION: Proposed rulemaking cross referenced to temporary regulations.

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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 103-322, the

Violent Crime Control and Law Enforcement Act of 1994. These

regulations implement the law by restricting the manufacture, transfer,

and possession of certain semiautomatic assault weapons and large

capacity [[Page 17495]] ammunition feeding devices. Regulations are

also prescribed with regard to reports of theft or loss of firearms

from a licensee's inventory or collection, new requirements for Federal

firearms licensing, responses by firearms licensees to requests for gun

trace information, and possession of firearms by persons subject to

restraining orders. 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 July 5, 1995.

ADDRESSES: Send written comments to: Chief, Regulations Branch; Bureau

of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091-

0221; Attn.: Notice No. 807.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations

Branch, 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 rule is not a significant

regulatory action as defined in E.O. 12866, because the economic

effects flow directly from the underlying statute and not from this

temporary rule. Therefore, a regulatory assessment is not required.

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. Accordingly, a regulatory flexibility analysis is not

required. 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 collections of information contained in this notice have 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 collections of information should be sent to

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

0526, Attention: Desk officer for the Department of the Treasury,

Bureau of Alcohol, Tobacco and Firearms, Office of Information and

Regulatory Affairs, Washington, DC 20503, with copies to the Chief,

Information Programs Branch, Room 3450, Bureau of Alcohol, Tobacco, and

Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226.

The collections of information in this proposed regulation are in

27 CFR 178.40(c), 178.40a(c), 178.129(e), 178.132, and 178.133. This

information is required by ATF to ensure compliance with the provisions

of Pub. L. 103-322 (108 Stat. 1796). The likely respondents and

recordkeepers are individuals and businesses. Estimated total annual

reporting and recordkeeping burden: 2.52 hours. Estimated number of

respondents and recordkeepers: 2,206,555. Total annual hours requested:

699,863. Additional collections of information contained in this

proposed regulation which have approved control numbers are in

Secs. 178.39a (OMB No. 1512-0524), 178.47 (OMB Nos. 1512-0522 and 1512-

0523), 178.52 (OMB No. 1512-0525), and 178.119 (OMB Nos. 1512-0017,

1512-0018, and 1512-0019).

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 Parts 55, 72, 178, and 179. For the

text of the temporary regulations, see T.D. ATF-363 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, Regulations

Branch, Bureau of Alcohol, Tobacco and Firearms.

Signed: February 10,1995.

Daniel R. Black,

Acting Director.

Approved: February 27, 1995.

John P. Simpson,

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

[FR Doc. 95-8234 Filed 4-3-95; 4:18 pm]

BILLING CODE 4810-31-U