Implementation of Pub. L. 104-208,the Omnibus Consolidated Appropriations Act of 1997 (96R-034P)

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 178

[Notice No. 862]

RIN 1512-AB64

Implementation of Pub. L. 104-208,the Omnibus Consolidated

Appropriations Act of 1997 (96R-034P)

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 the Federal Register,

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

regulations regarding the implementation of Public Law 104-208, the

Omnibus Consolidated Appropriations Act of 1997, enacted September 30,

1996. These regulations implement the law by adding to the list of

prohibited persons anyone convicted of a ``misdemeanor crime of

domestic violence'' and by adding the provision that employees of

government agencies convicted of such misdemeanors may not lawfully

possess or receive firearms and ammunition. In conjunction with the new

prohibited person category, regulations are also prescribed to require

purchasers of handguns to state on the Brady Form, ATF Form 5300.35,

that they have not been convicted of a misdemeanor crime of domestic

violence.

In addition, the temporary rule implements the amendment to the Gun

Control Act allowing Federal firearms licensees to engage in the

business of dealing in curio or relic firearms with another licensee

away from their licensed premises. The temporary regulations also serve

as the text of this

[[Page 35552]]

notice of proposed rulemaking for final regulations.

DATES: Written comments must be received on or before September 28,

1998.

ADDRESSES: Send written comments to: Chief, Regulations Division,

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

20091-0221, Attn: Notice No.

FOR FURTHER INFORMATION CONTACT: Barry Fields, Regulations Division,

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

Washington, DC 20226 (202-927-8210).

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 collection of information contained in this notice of proposed

rulemaking has been submitted to the Office of Management and Budget

for review in accordance with the Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)). Comments on the collection of information should be

sent to the Office of Management and Budget, 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. Comments are specifically requested

concerning:

Whether the proposed collection of information is necessary for the

proper performance of the functions of the Bureau of Alcohol, Tobacco

and Firearms, including whether the information will have practical

utility;

The accuracy of the estimated burden associated with the proposed

collection of information (see below);

How the quality, utility, and clarity of the information to be

collected may be enhanced; and

How the burden of complying with the proposed collection of

information may be minimized, including through the application of

automated collection techniques or other forms of information

technology.

The collection of information in this proposed regulation is in 27

CFR 178.130(a)(1) and 178.134. This information is required to prevent

the purchase of handguns by persons convicted of a misdemeanor crime of

domestic violence. The likely respondents are individuals.

Estimated total annual reporting burden per respondent: .1 hours.

Estimated number of respondents: 8,000,000.

An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a valid

control number assigned by the Office of Management and Budget.

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 suhmit his or her request in writing, to the

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--published in the Rules and Regulations

section of this issue of the Federal Register.

Drafting Information: The author of this document is Barry Fields,

Regulations Branch, Bureau of Alcohol, Tobacco and Firearms.

Signed: February 18, 1998.

John W. Magaw,

Director.

Approved: April 24, 1998.

John P. Simpson,

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

[FR Doc. 98-17287 Filed 6-29-98; 8:45 am]

BILLING CODE 4810-31-P