182 Federal Register / Vol. 87, No. 2 / Tuesday, January 4, 2022 / Rules and Regulations 
or local governmental unit (as defined 
in § 1.103–1(a)) or a 501(c)(3) organization (as defined in section 150(a)(4))) apply this section to all modifications of the terms of contracts that occur before that date. See section 7805(b)(7). 
■Par. 6. Section 1.1271–0 is amended 
by adding entries for § 1.1275–2(m) to read as follows: 
§ 1.12711–0 Original issue discount; 
effective date; table of contents. 
* * * * * 
§ 1.12751–2 Special rules relating to debt instruments. 
* * * * * 
(m) Transition from certain interbank 
offered rates. 
(1) In general. 
(2) Single qualified floating rate. (3) Remote contingency. (4) Change in circumstances. (5) Applicability date. 
* * * * * 
■Par. 7. Section 1.1275–2 is amended 
by adding paragraph (m) to read as 
follows: 
§ 1.12751 –2 Special rules relating to debt 
instruments. 
* * * * * 
(m) Transition from certain interbank 
offered rates—(1) In general. This 
paragraph (m) applies to a variable rate 
debt instrument (as defined in § 1.1275– 5(a)) that provides both for a qualified floating rate that references a discontinued IBOR and for a methodology to change that rate referencing a discontinued IBOR to a different rate in anticipation of the discontinued IBOR becoming unavailable or unreliable. For purposes of this paragraph (m), discontinued IBOR has the meaning provided in 
§ 1.1001–6(h)(4). See § 1.1001–6 for additional rules that may apply to a debt instrument that provides for a rate referencing a discontinued IBOR. 
(2) Single qualified floating rate. If a 
debt instrument is described in paragraph (m)(1) of this section, the rate referencing a discontinued IBOR and the different rate are treated as a single qualified floating rate for purposes of § 1.1275–5. 
(3) Remote contingency. If a debt 
instrument is described in paragraph (m)(1) of this section, the possibility that the discontinued IBOR will become unavailable or unreliable is treated as a remote contingency for purposes of paragraph (h) of this section. 
(4) Change in circumstances. If a debt 
instrument is described in paragraph (m)(1) of this section, the fact that the discontinued IBOR has become unavailable or unreliable is not treated 
as a change in circumstances for purposes of paragraph (h)(6) of this section. 
(5) Applicability date. Paragraph (m) 
of this section applies to debt 
instruments issued on or after March 7, 2022. A taxpayer may choose to apply paragraph (m) of this section to debt instruments issued before March 7, 2022, provided that the taxpayer and all related parties (within the meaning of section 267(b) or section 707(b)(1) or within the meaning of § 1.150–1(b) for a taxpayer that is a State or local governmental unit (as defined in § 1.103–1(a)) or a 501(c)(3) organization (as defined in section 150(a)(4))) apply paragraph (m) of this section to all debt instruments issued before that date. See section 7805(b)(7). 
■Par. 8. Section 1.7701(l)–3 is amended 
by adding a sentence at the end of 
paragraph (b)(2)(ii) to read as follows: 
§ 1.77011 (l)–3 Recharacterizing financing 
arrangements involving fast-pay stock. 
* * * * * 
(b) * * * 
(2) * * * (ii) * * * See § 1.1001–6(e) for 
additional rules that may apply to stock 
that provides for a rate referencing a discontinued IBOR, as defined in § 1.1001–6(h)(4). 
* * * * * 
PART 301—PROCEDURE AND 
ADMINISTRATION 
■Par. 9. The authority citation for part 
301 continues to read in part as follows: 
Authority: 26 U.S.C. 7805 * * * 
■Par. 10. Section 301.7701–4 is 
amended by adding a sentence at the end of paragraph (c)(1) to read as follows: 
§ 301.7701301–4 Trusts. 
* * * * * 
(c) * * * 
(1) * * * See § 1.1001–6(f) of this 
chapter for additional rules that may 
apply to an investment trust that holds one or more contracts that provide for a rate referencing a discontinued IBOR, as defined in § 1.1001–6(h)(4) of this chapter, and for additional rules that may apply to an investment trust with one or more ownership interests that 
reference a discontinued IBOR. 
* * * * * 
Douglas W. O’Donnell, 
Deputy Commissioner for Services and 
Enforcement. 
Approved: December 19, 2021. 
Lily Batchelder, 
Assistant Secretary of the Treasury (Tax 
Policy). 
[FR Doc. 2021–28452 Filed 12–30–21; 4:15 pm] 
BILLING CODE 4830–01–P 
DEPARTMENT OF JUSTICE 
Bureau of Alcohol, Tobacco, Firearms, 
and Explosives 
27 CFR Part 478 
[Docket No. ATF 24P; AG Order No. 5304– 
2021] 
RIN 1140–AA10 
Secure Gun Storage and Definition of 
‘‘Antique Firearm’’ 
AGENCY : Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, Department of Justice. 
ACTION : Final rule. 
SUMMARY : The Department of Justice is 
amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘‘ATF’’) to codify into regulation certain provisions of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999. This rule amends ATF’s regulations to account for the existing statutory requirement that applicants for Federal firearms dealer licenses certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals. This certification is already included in the Application for Federal Firearms License, ATF Form 7/7CR (‘‘Form 7/ 7CR’’). The regulation also requires applicants for manufacturer or importer licenses to complete the certification if the licensee will have premises where firearms are sold to nonlicensees. Moreover, the regulation requires that the secure gun storage or safety devices be compatible with the firearms offered for sale by the licensee. Finally, it conforms the regulatory definitions of certain terms to the statutory language, including the definition of ‘‘antique firearm,’’ which is amended to include certain modern muzzle loading firearms. 
DATES : This rule is effective February 3, 
2022. 
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1The Child Safety Lock Act of 2005 (‘‘CSLA’’), 
enacted as part of the Protection of Lawful 
Commerce in Arms Act, Public Law 109–92 (119 Stat. 2095), amended the GCA by adding a new subsection, 18 U.S.C. 922(z). This subsection requires licensed importers, manufacturers, and dealers to provide secure gun storage or safety devices whenever they sell, deliver, or transfer any handgun to a nonlicensed person. See 18 U.S.C. 
922(z)(1). The CSLA was implemented primarily in a final rule issued shortly before the NPRM was issued for this rule. See Federal Firearms License 
Proceedings—Hearings, 81 FR 32,230 (May 23, 2016) (amending 27 CFR 478.73, which provides that a notice of suspension or revocation of a license, or the imposition of a civil penalty, may be issued whenever the ATF Director has reason to believe that any licensee has violated § 922(z)(1) by selling, delivering, or transferring any handgun to any person other than a licensee, unless the transferee was provided with a secure gun storage or safety device for that handgun). Although the requirements of the CSLA and the regulation at issue in this rulemaking are in some respects similar, the two requirements are distinct: The CSLA requires that licensed importers, manufacturers, and dealers actually provide a secure gun storage or safety device to any nonlicensee that receives a handgun, whereas the regulation at issue in this rulemaking applies more broadly to the sale of ‘‘firearms’’ (not just handguns) to nonlicensees, but requires only that secure gun storage or safety devices be made available (not actually provided). FOR FURTHER INFORMATION CONTACT : 
Vivian Chu, 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. 
SUPPLEMENTARY INFORMATION : 
I. Background 
On October 21, 1998, Public Law 105– 
277 (112 Stat. 2681), the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (‘‘the Act’’), was enacted. Among other things, the Act amended the Gun Control Act of 1968, Public Law 90–618 (82 Stat. 1213) (‘‘GCA’’) (codified as amended at 18 U.S.C. chapter 44). Some of the GCA amendments made by the Act are as follows:
1 
(1) Secure Gun Storage. The Act 
amended section 923(d)(1) of title 18, United States Code, to require that, with certain exceptions, applicants for Federal firearms dealer licenses certify the availability of secure gun storage or safety devices at any place where firearms are sold under the license to nonlicensees. 18 U.S.C. 923(d)(1)(G). The certification requirement does not apply where a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. Id. 
In addition, the Act amended 18 
U.S.C. 923(e) to provide that the Attorney General may revoke, after notice and opportunity for hearing, the license of any Federal firearms licensee that fails to have secure gun storage or safety devices available at any place where firearms are sold under the license to nonlicensees, subject to the same exceptions noted above. 
The Act defined the term ‘‘secure gun 
storage or safety device’’ in 18 U.S.C. 921(a)(34) to mean: (1) A device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; (2) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or (3) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. 
The provisions of the Act relating to 
secure gun storage became effective April 19, 1999. 
(2) Definition of Antique Firearm. The 
Act amended the definition of ‘‘antique firearm’’ in the GCA to include certain modern muzzle loading firearms. Specifically, section 115 of the Act amended the definition of ‘‘antique firearm’’ in 18 U.S.C. 921(a)(16) to include a weapon that is a muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol; that is designed to use black powder or a black powder substitute; and that cannot use fixed ammunition. The term expressly does not include any weapon that incorporates a firearm frame or receiver; any firearm converted into a muzzle loading weapon; or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. 18 U.S.C. 921(a)(16)(C). 
The provisions of the Act relating to 
antique firearms became effective upon the date of enactment, October 21, 1998. 
(3) Miscellaneous Amendments. Prior 
to amendment by the Act, the term ‘‘rifle’’ was defined in the GCA to mean ‘‘a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.’’ 18 U.S.C. 921(a)(7) (1994). The Act amended the definition of ‘‘rifle’’ by replacing the words ‘‘the explosive in a fixed metallic cartridge’’ with ‘‘an explosive.’’ See 18 
U.S.C. 921(a)(7) (2018). Additionally, prior to amendment by 
the Act, the term ‘‘shotgun’’ was defined 
in the GCA to mean ‘‘a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.’’ 18 U.S.C. 921(a)(5) (1994). The Act amended the definition of ‘‘shotgun’’ by replacing the words ‘‘the explosive in a fixed shotgun shell’’ with ‘‘an explosive.’’ See 18 
U.S.C. 921(a)(5) (2018). 
The provisions of the Act relating to 
the miscellaneous amendments also became effective upon the date of enactment, October 21, 1998. 
II. Proposed Rule 
On May 26, 2016, the Department of 
Justice (‘‘the Department’’) published in 
the Federal Register a notice of 
proposed rulemaking (‘‘NPRM’’) to codify into regulation certain provisions of the Act. Commerce in Firearms and Explosives; Secure Gun Storage, Amended Definition of Antique Firearm, and Miscellaneous Amendments, 81 FR 33448 (May 26, 2016). The rule proposed amending ATF’s regulations to account for the existing statutory requirement that applicants for Federal firearms dealer licenses certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals. This certification is already included in ATF 
Form 7/7CR. The NPRM also proposed requiring applicants for Federal firearms manufacturer or importer licenses to complete the certification if the licensee will have premises where firearms are sold to nonlicensees. 
Next, the Department proposed to 
amend 27 CFR 478.11 by adding a definition for the term ‘‘secure gun storage or safety device’’ that tracks the language in the statute, as well as a new section 27 CFR 478.104 that specifies the terms of the certification requirement. Moreover, the proposed regulation required that the secure gun storage or safety device be compatible with the firearms offered for sale by the licensee. 81 FR at 33449. Therefore, applicants under the proposed rule would be required to certify the availability of compatible secure gun storage or safety devices at any place where firearms were sold under the license to nonlicensees. 
The NPRM proposed applying the 
certification requirement to applicants for Federal firearms importer or manufacturer licenses if the licensee has 
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premises where firearms are sold to 
nonlicensees. Federal regulations provide that a licensed importer or a licensed manufacturer may engage in business on the licensed premises as a dealer in the same type of firearms authorized by the license to be imported or manufactured. 27 CFR 478.41(b). Accordingly, under the proposed rule, an applicant for a Federal firearms importer or manufacturer license that engaged in business on the licensed premises as a dealer of firearms to nonlicensees was required to complete the certification. 
One provision of the Act provides 
that, ‘‘[n]otwithstanding any other provision of law, evidence regarding compliance or noncompliance [with the secure gun storage or safety device requirement] shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.’’ Public Law 105–277, sec. 119, reprinted in 18 U.S.C. 923 note. In the proposed rule, ATF explained that this section applies to civil liability actions against dealers and other similar actions, and not to proceedings associated with license denials or revocations (or appeals in Federal court from decisions in such proceedings) involving noncompliance with the secure gun storage or safety device requirement of the GCA. 81 FR at 33449. The proposed rule amended 27 CFR 478.73 to clarify that a notice of revocation of a Federal firearms license may be issued 
whenever the ATF Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee). Id. at 33453. 
Finally, the Department proposed to 
amend 27 CFR 478.11 to reflect the definitions of the terms ‘‘antique firearm,’’ ‘‘rifle,’’ and ‘‘shotgun’’ set forth in the Act. Id. 
Comments on the notice of proposed 
rulemaking were to be submitted to ATF on or before August 24, 2016. 
III. Comment Analysis and Department 
Response 
In response to the NPRM, with respect 
to an industry that includes approximately 59,909 federally licensed firearms dealers (including pawnbrokers), 12,673 licensed firearms manufacturers, and 1,054 licensed firearms importers, ATF received only four comments. This small number of responses indicates that a broad majority of the firearms industry accepts codification of behavior that has been statutorily required for more than 20 years. 
A. Comments on Impact on 
Manufacturers and Importers 
1. Comments Received 
One commenter argued that the 
proposed rule imposes the certification 
requirement on all manufacturers and importers that sell firearms to the public, despite the fact that the statute requires only that dealers in firearms meet the certification requirement. Further, according to the commenter, forcing manufacturers and importers to have secure gun storage available and perhaps even to ‘‘use’’ such secure gun storage could create a burdensome and expensive requirement. Requiring firearms, many of which might not even be finished, to be stored under lock and key every night would, in the opinion of the commenter, be difficult, time consuming, and cost-prohibitive. Therefore, according to the commenter, the proposed rule violated Federal law by creating new requirements for licensees. 
2. Department Response 
The Department disagrees with the 
comment that ATF does not have the 
statutory authority to require licensed manufacturers and importers to certify that secure gun storage or safety devices will be available at any place in which firearms are sold to nonlicensees. Under 18 U.S.C. 923(a), the license application must be in such form and contain the information necessary to determine eligibility for licensing as the Attorney General may prescribe by regulation. Similarly, under 18 U.S.C. 926(a), the Attorney General has the authority to promulgate any rules that are necessary to implement the provisions of the GCA. ‘‘Because § 926 authorizes the [Attorney General] to promulgate those regulations which are ‘necessary,’ it almost inevitably confers some measure of discretion to determine what regulations are in fact ‘necessary.’ ’’ Nat’l Rifle Ass’n v. Brady, 914 F.2d 475, 479 (4th Cir. 
1990). 
Although the language of section 
923(d)(1)(G) refers only to applications for license as a dealer, section 923(e), as amended by the Act, more broadly provides that the Attorney General may, after notice and an opportunity for a hearing, ‘‘revoke any license issued 
under this section if the holder of such license . . . fails to have secure gun 
storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees.’’ (Emphasis added.) Section 923(e) thus applies to all licensees that sell firearms to nonlicensees—not just dealer licensees. Hence, because licensed manufacturers and importers may sell their firearms directly to nonlicensees, see 27 CFR 478.41(b), 
ATF has the authority to revoke the licenses of manufacturers or importers if they fail to have secure gun storage or safety devices available for retail transactions. Requiring manufacturers and importers to certify that secure gun storage or safety devices will be available at any place in which firearms are sold to nonlicensees helps ensure that manufacturers and importers are aware of the implicit requirement in section 923(e) that these licensees must make such storage or devices available. This certification has been required of all license applicants except collectors on ATF Form 7/7CR (5300.12/5310.16) for years. 
Finally, neither the NPRM nor the 
final rule requires manufacturers or importers to use secure gun storage or safety devices on their inventory; rather, they need only make such storage or devices available. 
B. Comments on Compatibility of 
Devices 
1. Comments Received 
One commenter noted that 18 U.S.C. 
923 does not explicitly require that 
secure gun storage or safety devices maintained by Federal firearms dealers be compatible or even be used, only that they be available; therefore, according to the commenter, the proposed rule cannot require it. Further, the commenter noted that ATF has no authority to revoke the license of a dealer that does not lock up its firearms. 
2. Department Response 
The commenter misinterpreted the 
proposed rule’s application. The 
proposed rule did not, as the commenter suggested, require federally licensed dealers to use compatible devices on their inventory, nor did the rule require them to lock up and store their firearms inventory. Rather, the NPRM proposed implementing 18 U.S.C. 923(d)(1)(G) by requiring applicants for dealer licenses, or those licensed manufacturers and importers that will also deal firearms to nonlicensed individuals as permitted in 27 CFR 478.41(b), to certify only that compatible secure gun storage or safety devices are available at any place where firearms are sold under the license to nonlicensed individuals. 
The Department believes the 
compatibility language in the rule is 
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2S. Rep. No. 105–108, at 108 (1997). 
3Id. (emphasis added). consistent with the text of the statute 
because it clarifies that the secure gun storage or safety devices made available must be compatible with the firearms offered for sale by the licensee. 
Courts have explained that ‘‘the 
administration and enforcement of a statute call upon the agency charged with its execution to interpret it.’’ Continental Airlines, Inc. v. Dep’t of 
Transportation, 843 F.2d 1444, 1449 
(D.C. Cir. 1988). When a court is called upon to review an agency’s construction of a statute it administers, the court looks to the framework set forth in Chevron U.S.A., Inc. v. Natural 
Resources Defense Council, Inc., 467 U.S. 837 (1984). The first step of Chevron review is to ask ‘‘whether 
Congress has directly spoken to the precise question at issue.’’ Id. 842. ‘‘If 
the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue . . . the question for the court is whether the agency’s answer is based on a permissible construction of the statute.’’ Id. at 842–43 (footnote 
omitted). Although the Act defines ‘‘secure gun storage or safety device,’’ that definition does not specify whether or with which sorts of firearms the secure gun storage and safety devices must be compatible. The Department believes that this rule comports with the best reading of the statute and permissibly clarifies that such storage and devices must be compatible with the firearms sold at the licensed premises. This specification in the regulation resolves any ambiguity in the statute and fulfills its purpose because customers purchasing firearms should be able to leave the premises with a secure gun storage or safety device that is compatible with the type of firearm they purchased. A contrary rule, under which licensees could comply with the statute by making available exclusively devices that are incompatible with the firearms they sell, would unreasonably thwart Congress’s evident purpose in the Act. See City of Chicago v. U.S. 
Dep’t of Treasury, Bureau of Alcohol, Tobacco & Firearms, 423 F.3d 777, 781 (7th Cir. 2005) (statutes should not be read in a way that ‘‘would thwart Congress’ intention’’). C. Comments on Noncompliance 
Evidence in License Denial or Revocation Procedures 
1. Comments Received 
In the NPRM, ATF referenced a 
provision in the Act that states that 
‘‘evidence regarding compliance or noncompliance [with the secure gun storage or safety device requirement] shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.’’ See Public Law 
105–277, sec. 119. ATF explained that, based on basic tenets of statutory construction, it reads the evidentiary limitation as applying only ‘‘to civil liability actions against dealers and other similar actions, and not to proceedings associated with license denials or revocations (or appeals in Federal court from decisions in such proceedings) involving noncompliance with the secure gun storage or safety device requirement’’ of the Act. 81 FR at 33449. 
Three commenters asserted that this 
provision of the Act prohibits the use of a dealer’s compliance or noncompliance with the secure gun storage or safety device requirement in any administrative proceedings to deny or revoke a Federal firearms license. Two commenters also argued that ATF’s interpretation substitutes its judgment for that of Congress, and, by effectively amending legislation, violates the 
‘‘Separation of Powers Doctrine.’’ These commenters stated that ATF does not have the power to change or ignore statutes. They argued that words have meaning, and that ATF cannot construe statutes to permit something the plain text prohibits or create an exception for ATF’s administrative hearings where one does not exist in the law. 
2. Department Response 
The Department respectfully 
disagrees. There are at least two canons 
of statutory interpretation that inform the Department’s reading of the evidence provision the commenters relied on. The first relevant canon provides that, ‘‘[w]henever a power is given by statute, everything necessary to make it effectual or requisite to attain the end is implied.’’ Luis v. United 
States, 136 S. Ct. 1093, 1097 (2016) 
(Thomas, J., concurring) (quoting 1 J. Kent, Commentaries on American Law 464 (13th ed. 1884)). The second relevant canon provides that a ‘‘court will not merely look to a particular clause in which general words may be used, but will take in connection with it the whole statute . . . and the objects and policy of the law.’’ Stafford v. 
Briggs, 444 U.S. 527, 535 (1980) (quoting Brown v. Duchesne, 19 How. 183, 194 
(1857)). The evidence provision cannot 
be read in isolation. Rather, it must be read within the context of the rest of the statute, including the specific grant of authority for the Attorney General to revoke the license of a licensee that does not comply with the Act. Moreover, the Act specifically provides that none of its amendments ‘‘shall be construed . . . as creating a cause of action against any firearms dealer or any other person for any civil liability.’’ 18 U.S.C. 923 note. That prohibition on civil liability implies that Congress expected compliance with the secure gun storage or safety device requirement to be enforced not by private individuals in civil actions, but by the Attorney General in administrative proceedings, in accordance with the specific authority granted to the Attorney General to do so in 18 U.S.C. 923(e). The Attorney General could not fulfill this role if, as asserted by the commenters, evidence of noncompliance could not be used in administrative proceedings related to that noncompliance, thus indicating that the evidence provision in the Act does not apply to administrative proceedings regarding compliance with the secure gun storage or safety device requirement. Cf. United States v. Tohono O’Odham Nation, 563 
U.S. 307, 315 (2011) (‘‘Courts should not render statutes nugatory through construction.’’). 
The Department’s interpretation of the 
evidence provision is further supported by the legislative history. The secure gun storage provisions that were enacted were initially sponsored by Senator Larry Craig as part of S.10, the Violent and Repeat Juvenile Offender Act of 1997, for which a Senate report was produced by the Senate Committee on the Judiciary.
2The Committee’s 
report stated that ‘‘[t]he penalty for willful violation . . . is revocation of the dealer’s license, after notice and opportunity for hearing is given pursuant to current law.’’
3Thus, the 
Committee evidently expected that noncompliance with the secure gun storage and safety device provisions would be enforced through administrative proceedings, including a hearing. It would accordingly be nonsensical to bar the Attorney General 
from using evidence of such noncompliance in the same proceedings. Congress, in other words, would not have written the specific amendments giving the Attorney General the ability to revoke or deny a license based on noncompliance if 
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4The Attorney General is responsible for 
enforcing the GCA, as amended. This responsibility 
includes the authority to promulgate regulations necessary to enforce the provisions of the GCA. See 18 U.S.C. 926(a). The Attorney General has delegated the responsibility for administering and enforcing the GCA to the ATF Director, subject to the direction of the Attorney General and Deputy Attorney General. See 28 CFR 0.130(a)(1)–(2). evidence of noncompliance could not be 
considered at the hearing ATF is required to conduct under the law. Accordingly—in light of the context in which the evidence provision appears, the legislative history underlying the secure gun storage or safety device requirement, and the authority granted in section 923(e)—the Department’s position that the evidence provision does not apply to ATF’s enforcement hearings or actions is the best interpretation of the law, and is certainly a permissible interpretation of the provision. See Chevron, 467 U.S. at 843. 
Furthermore, Congress expressly 
authorized the Attorney General to deny or revoke a license if the licensee or applicant fails to have or certify that it has secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (with the same exceptions noted above). 18 U.S.C. 923(d), (e). To exercise this authority, the Attorney General is required to provide notice to an applicant or licensee and, upon request of the aggrieved party, is authorized to conduct an administrative hearing to make a final determination. 18 U.S.C. 923(e), (f); 27 CFR 771.40–44. The agency’s final decision is appealable to a Federal court. 18 U.S.C. 923(f)(3). ATF
4can also institute criminal 
proceedings against a licensee for violations of the GCA or the regulations. 18 U.S.C. 923(f)(4). The express statutory grant of authority in section 923 to deny or revoke a license based on evidence of noncompliance supersedes the general language the commenters relied on. See RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. 
639, 645 (2012) (citing HCSC-Laundry v. 
United States, 450 U.S. 1, 6 (1981) (per curiam), for the proposition that the specific governs the general, ‘‘particularly when the two [statutes] are interrelated and closely positioned, both in fact being parts of [the same statutory scheme]’’); Busic v. United States, 446 
U.S. 398, 406 (1980). 
D. Comments on Definitions of ‘‘Rifle’’ 
and ‘‘Shotgun’’ 
1. Comments Received 
Comments relating to the definitions 
of ‘‘rifle’’ and ‘‘shotgun’’ stated that, to 
prevent confusion between a modern rifle or shotgun and a muzzleloader or antique firearm, and to preclude future 
Federal ‘‘over reach’’ to classify muzzle loading arms as rifles, the definitions should specifically exclude muzzle 
loading arms using black powder or black powder substitutes. Additionally, one commenter stated that ‘‘explosive’’ is not the correct word for the propellant in a modern firearm and suggested amending the term ‘‘explosive’’ in the definitions of ‘‘rifle’’ and ‘‘shotgun’’ to reference smokeless solid propellants that deflagrate rather than detonate, thereby clarifying that metallic cartridge firearms using smokeless propellants do not fall under the definitions of ‘‘rifle’’ or ‘‘shotgun’’ due to their lack of use of an explosive that detonates. 
2. Department Response 
The Department respectfully declines 
to revise the definitions of ‘‘rifle’’ and 
‘‘shotgun’’ to refer to smokeless solid 
propellants, rather than an ‘‘explosive,’’ because doing so would not be consistent with the statutory definitions set forth in the Act. The current statutory definition for ‘‘antique firearm’’ excludes certain muzzle loading firearms using black powder or black powder substitutes from the definition of ‘‘firearm,’’ thus making the inclusion of additional language to exclude them unnecessary. This final rule updates the existing regulations to reflect the current language of the statute. 
Further, the Department does not 
agree with the suggested clarification of the term ‘‘explosive’’ in the definitions of ‘‘rifle’’ and ‘‘shotgun.’’ The use of the phrase ‘‘by action of an explosive’’ within the definitions of ‘‘rifle’’ and ‘‘shotgun’’ is appropriate, as it is descriptive of a process and not a classification of the propellant powder. The provisions of the Act relating to antique firearms and definitions of the terms ‘‘rifle’’ and ‘‘shotgun’’ became effective on the day of enactment, October 21, 1998. This final rule updates the existing regulations to reflect the current language of the statute. 
IV. Final Rule 
This final rule implements the 
amendments to the regulations in 27 
CFR part 478 that were specified in the NPRM published on May 26, 2016 (81 FR 33448) without change. 
V. Statutory and Executive Order 
Review 
A. Executive Orders 12866 and 13563 
Executive Order 12866 (Regulatory 
Planning and Review) directs agencies to assess the costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of maintaining flexibility. 
The Office of Management and Budget 
(‘‘OMB’’) has determined that, although this final rule is not economically significant, it is a ‘‘significant regulatory action’’ under section 3(f)(4) of Executive Order 12866 because this final rule raises novel legal or policy issues arising out of legal mandates. Accordingly, the rule has been reviewed by OMB. 
This rule requires that Federal 
firearms licensees (‘‘FFLs’’) make available secure gun storage or safety devices to non-FFLs that purchase firearms. Furthermore, this rule requires that all FFLs must certify that they have secure gun storage or safety devices available if they sell firearms to non- FFLs. This section describes the affected population, costs, and benefits for this rule. In determining the costs and benefits of this rule, ATF has followed OMB guidance for conducting regulatory analyses. See OMB, 
Memorandum to the Heads of Executive Agencies and Establishments, Re: Regulatory Analysis, Circular A–4 (Sept. 17, 2003) (‘‘Circular A–4’’). According to that guidance, regulations such as this one that largely restate self-enforcing statutory requirements should be analyzed against a baseline that pre- dates the enactment of the relevant statute. Thus, although ATF has implemented and enforced the Act in the years since its passage even in the absence of the regulation at issue in this rulemaking, the costs and benefits of doing so have been attributed to this regulation for the purpose of this analysis. 
Table 1 provides the summary of the 
expected effects that this rule will have on the public. For more details regarding this analysis, please refer to the standalone regulatory analysis (‘‘RA’’) located on the docket. 
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TABLE 1—S UMMARY OF AFFECTED POPULATION , COSTS , ANDBENEFITS  
Category Final rule 
Applicability ............................................................................................... •All FFLs. 
•Type 1 FFL—Dealer in firearms other than destructive devices. 
•Type 2 FFL—Pawnbroker in firearms other than destructive devices. 
Affected Population .................................................................................. •130,525 FFLs. 
•52,795 Type 1 FFLs. 
•7,114 Type 2 FFLs. 
Total Costs to Industry, Public, and Government (7% Discount Rate) ... $853,187 at 7% annualized. 
Savings (7% Discount Rate) .................................................................... N/A. 
Benefits (7% Discount Rate) .................................................................... N/A. 
Benefits non-monetized ............................................................................ •Inhibits unauthorized access to privately owned firearms by individ-
uals such as children, who might suffer accidental injuries. 
•Inhibits access to privately owned firearms by criminals, who might 
use them for illicit activities. 
1. Need for Federal Regulation 
Agencies take regulatory action for 
various reasons. One reason is to carry 
out Congress’s policy decisions, as expressed in statutes. Here, this rulemaking aims to comply with the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 relating to secure gun storage. Another reason underpinning regulatory action is the failure of the market to compensate for negative externalities caused by commercial activity. A negative externality can be the byproduct of a transaction between two parties that is not accounted for in the transaction. This final rule addresses a negative externality. The negative externality of the sale of firearms is that the firearms might not be stored properly and could be accessed by children who could cause accidents with the firearms or accessed by criminals who would use them for illicit 
activities. This rule provides nonlicensed firearm owners with the option to have devices that enable them to store their firearms so as to inhibit children or criminals from accessing their firearms. 
2. Affected Population 
This rulemaking affects two 
populations. The first population is the 
number of FFLs required to certify on Form 7/7CR that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees. The second population is the number of FFLs that need to acquire secure gun storage or safety devices to make available at their place of business. 
Entities directly affected by the 
requirement to certify the availability of secure gun storage or safety devices are all FFLs. Although this rule primarily affects FFLs that sell firearms to nonlicensed persons, this rule affects all FFLs in that all FFL applicants must 
indicate on the Form 7/7CR application whether the applicants have gun storage or safety devices available for nonlicensees or whether this requirement is not applicable because they are seeking a Type 3 license for collectors. 
Because the Act was enacted shortly 
before 1999, and because ATF has required certification since 1999, ATF estimated the affected population to be all FFLs from 1999 to present. However, FFLs have to certify the availability of 
secure gun storage or safety devices only when they apply as new FFLs or every three years when they renew their Federal firearms license. Tables 2 and 3 show the numbers of new applications and renewals by FFL type and year. For more information on the methodology used to determine the numbers of new FFLs by Type, please refer to the standalone RA. 
TABLE 2—N EW AND RENEWAL APPLICATIONS OF TYPE1, 2, 3, 6, AND7 FEDERAL FIREARMS LICENSEES  
Year 01—Dealer 
in firearms 02—Pawnbroker 
in firearms 03—Collector of 
curios and relics 06—Manufacturer 
of ammunition for 
firearms 07—Manufacturer 
of firearms 
1999 ....................................................... 24,977 3,516 19,919 787 574 
2000 ....................................................... 24,829 3,583 19,919 777 652 
2001 ....................................................... 24,788 3,572 19,919 757 715 
2002 ....................................................... 24,660 3,615 19,919 727 800 
2003 ....................................................... 24,553 3,639 19,919 723 874 
2004 ....................................................... 24,547 3,579 19,919 711 938 
2005 ....................................................... 24,494 3,553 19,919 683 1,034 
2006 ....................................................... 24,406 3,503 19,919 679 1,143 
2007 ....................................................... 24,266 3,434 19,919 690 1,315 
2008 ....................................................... 24,148 3,345 19,919 708 1,482 
2009 ....................................................... 23,763 3,337 19,919 759 1,782 
2010 ....................................................... 23,284 3,368 19,919 859 2,097 
2011 ....................................................... 20,956 3,046 22,338 816 2,343 
2012 ....................................................... 21,259 3,105 21,622 855 3,104 
2013 ....................................................... 22,274 3,221 13,134 966 3,748 
2014 ....................................................... 22,049 3,235 6,767 1,033 3,966 
2015 ....................................................... 20,876 3,029 18,671 967 3,901 
2016 ....................................................... 22,104 3,146 19,322 957 4,317 
2017 ....................................................... 21,896 3,043 18,876 873 4,622 
2018 ....................................................... 20,479 2,799 17,643 776 4,603 
2019 ....................................................... 20,034 2,726 17,478 709 4,848 
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5See Hearing before the Subcomm. on the 
Constitution of the S. Comm. on the Judiciary, 
117th Cong. (2021), 2021 WL 2138600 (discussing the success of Project ChildSafe, through which ‘‘manufacturers have voluntarily included a locking device in every box sold since the late 1980’s’’ (testimony of Joseph Bartozzi, President and CEO, National Shooting Sports Foundation)); S. Rep. No. 105–108, at 201–02 (‘‘The arguments raised against safety locks ring hollow, especially in light of the recent announcement by eight[] of the Nation’s largest handgun manufacturers that they will voluntarily comply with the heart of Senator Kohl’s amendment by packaging a child safety lock with every handgun they sell.’’). 
6See supra note 5. TABLE 2—N EW AND RENEWAL APPLICATIONS OF TYPE1, 2, 3, 6, AND7 FEDERAL FIREARMS LICENSEES —Continued 
Year 01—Dealer 
in firearms 02—Pawnbroker 
in firearms 03—Collector of 
curios and relics 06—Manufacturer 
of ammunition for 
firearms 07—Manufacturer 
of firearms 
2020 ....................................................... 22,710 3,060 20,150 777 6,076 
*Note: Numbers may not add for Type 1 FFLs due to adjustments to ensure the numbers of applications in Tables 2 and 3 match total FFLs  
in this table. 
TABLE 3—N EW AND RENEWAL APPLICATIONS OF TYPE8, 9, 10, AND11 F EDERAL FIREARMS LICENSEES  
Year 08—Importer of 
firearms 09—Dealer in 
destructive 
devices 10—Manufacturer 
of destructive 
devices 11—Importer of 
destructive 
devices Total new 
applications 
and renewals 
1999 ....................................................... 265 4 44 26 50,112 
2000 ....................................................... 275 4 46 26 50,111 
2001 ....................................................... 283 5 45 28 50,112 
2002 ....................................................... 303 7 52 31 50,114 
2003 ....................................................... 307 7 56 35 50,113 
2004 ....................................................... 315 7 60 37 50,113 
2005 ....................................................... 317 7 66 40 50,113 
2006 ....................................................... 327 8 81 47 50,113 
2007 ....................................................... 338 11 86 52 50,111 
2008 ....................................................... 344 15 94 57 50,112 
2009 ....................................................... 365 17 107 64 50,113 
2010 ....................................................... 375 20 119 71 50,112 
2011 ....................................................... 349 18 112 69 50,047 
2012 ....................................................... 355 22 109 71 50,502 
2013 ....................................................... 411 24 113 76 43,967 
2014 ....................................................... 451 26 114 80 37,721 
2015 ....................................................... 428 25 117 82 48,096 
2016 ....................................................... 429 27 130 86 50,518 
2017 ....................................................... 430 30 138 90 49,998 
2018 ....................................................... 413 36 138 88 46,975 
2019 ....................................................... 413 48 146 94 46,496 
2020 ....................................................... 489 55 182 116 53,615 
*Note: Numbers may not add for Type 1 FFLs due to adjustments to ensure the number of applications in Tables 2 and 3 match total FFLs in 
this table. 
The second population directly 
affected by this rule primarily consists 
of Type 1 and 2 FFLs that sell firearms to the public. These FFLs must acquire secure gun storage or safety devices to be made available to firearm purchasers in their place of business. Based on the year the Act was enacted, ATF assumed that all Type 1 and 2 FFLs in 1999 had to acquire secure gun storage or safety devices to make available to any potential nonlicensee customers. From 2000 onwards, only new FFLs would need to acquire some form of gun storage or safety devices to make 
available to their customers. Although this rule affects all FFLs that sell firearms to nonlicensed individuals, no cost was attributed to Type 9, 10, and 11 licensees because they primarily deal, manufacture, and import destructive devices used by domestic and foreign governments rather than selling firearms at the retail level to nonlicensed individuals. Similarly, although Type 7 and 8 licensees are manufacturers and importers that may sell firearms to nonlicensed persons, most of these licensees, even prior to enactment of the Act, have voluntarily 
included secure gun storage or safety devices for their firearms, and hence would not have needed to separately acquire such storage or devices to make them available to nonlicensees.
5Of 
those Type 7 and 8 FFLs that do not provide secure gun storage or safety devices, ATF assumed these licensees primarily sell firearms wholesale to Type 1 FFLs and do not sell to nonlicensed persons. 
Based on congressional testimony and 
subject matter experts’ (‘‘SMEs’’) experience, most firearm manufacturers now include locks with new purchases of firearms, and, as noted above, have 
been doing so since before the enactment of the Act.
6ATF, however, is 
not certain of the exact date when manufacturers and importers began voluntarily providing locks and, in the interest of not underestimating the costs 
attributable to this rule, ATF assumed that all Type 1 FFLs in 1999 would need to acquire secure gun storage or safety devices to make available to their customers. ATF then estimated that, as manufacturers and importers continued to provide locks with their firearms, and as this practice became more common, a decreasing number of FFLs needed to acquire secure gun storage or safety devices each year until year 2003. After 2003, ATF maintained a constant rate of 20 percent of FFLs that do not receive safety devices with the firearms they sell to account for any manufacturers and importers that, even today, do not provide safety devices with their firearms. In addition, Type 2 FFLs are pawnshops that acquire previously owned firearms. ATF does not know 
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7Bureau of Labor Statistics, Series Report, https:// 
data.bls.gov/cgi-bin/srgate. Data was generated for 
2020 using series CMU2010000000000D, 
CMU2010000000000P and CMU2020000000000D, CMU2020000000000P. Average total compensation was $35.87. Average cost per hour worked was $25.18. Loaded wage rate 1.42 = $35.87/$25.18. 
8As explained more fully in the accompanying 
RA, the leisure wage rate was estimated using the calculation described in the Department of Transportation’s guidance on the valuation of travel time. See Dep’t of Transportation, Revised 
Departmental Guidance on Valuation of Travel Time in Economic Analysis 19 (Sept. 27, 2016), https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. whether the firearms acquired by Type 
2 FFLs have secure locks or not. Therefore, ATF assumed that all new Type 2 FFLs need to acquire secure gun storage or safety devices to satisfy the requirements of the Act. 
Because Type 2 FFLs primarily deal 
with secondhand firearms and not new purchases, ATF assumed that, in 1999, all Type 2 FFLs acquired secure gun storage or safety devices and, from 2000 onward, only new Type 2 FFLs needed to acquire a means of securing firearms. Therefore, ATF assumed that pawnbrokers from 2000 to 2020 consisted only of new Type 2 FFLs. 
Table 4 provides the estimated 
number of Type 1 and 2 FFLs that needed to acquire secure gun storage or safety devices and make them available at their place of business for potential nonlicensed customers. For more detailed information on obtaining the population of FFLs needing to acquire secure gun storage or safety devices to make available, please refer to the standalone RA. 
TABLE 4—FFL T YPES 1 AND2 THATNEEDED TOPURCHASE SECURE GUNSTORAGE OR SAFETY DEVICES  
Year New type 1 FFL Rate of FFLs that 
do not receive 
locks from 
manufacturers 
(%) Type 1 FFL Type 2 FFL 
needing 
1999 ....................................................................................... 71,290 100 71,290 10,035 
2000 ....................................................................................... 8,677 80 6,942 1,252 
2001 ....................................................................................... 8,663 60 5,198 1,248 
2002 ....................................................................................... 8,618 40 3,447 1,263 
2003 ....................................................................................... 8,581 20 1,716 1,272 
2004 ....................................................................................... 8,579 20 1,716 1,251 
2005 ....................................................................................... 8,560 20 1,712 1,242 
2006 ....................................................................................... 8,529 20 1,706 1,224 
2007 ....................................................................................... 8,481 20 1,696 1,200 
2008 ....................................................................................... 8,439 20 1,688 1,169 
2009 ....................................................................................... 8,305 20 1,661 1,166 
2010 ....................................................................................... 8,137 20 1,627 1,177 
2011 ....................................................................................... 7,768 20 1,554 854 
2012 ....................................................................................... 9,034 20 1,807 971 
2013 ....................................................................................... 10,177 20 2,035 1,063 
2014 ....................................................................................... 7,874 20 1,575 823 
2015 ....................................................................................... 7,088 20 1,418 730 
2016 ....................................................................................... 7,552 20 1,510 762 
2017 ....................................................................................... 6,599 20 1,320 645 
2018 ....................................................................................... 6,314 20 1,263 603 
2019 ....................................................................................... 5,667 20 1,133 532 
2020 ....................................................................................... 8,442 20 1,688 772 
3. Costs 
This analysis considers the rule’s 
direct (or industry) costs, indirect costs, 
and government costs. Industry costs are the costs to FFLs that need to certify the availability of secure gun storage or safety devices and the costs to FFLs that need to acquire secure gun storage or safety devices to make available to the public. Indirect costs are those costs associated with organizations and manufacturers providing gun locks or safety devices. Government costs are enforcement costs to ensure that the affected FFLs have been and are continuing to comply with the statute. 
In determining direct, industry costs, 
ATF used the average wage rate associated with certain job titles listed on Form 7/7CR by FFL type. ATF used a loaded wage rate of 1.42 to include fringe benefits such as insurance as part of the overall compensation.
7Because 
FFLs are segmented by industry type, 
ATF used a sample from each industry type to determine an average wage rate by each FFL type. For FFLs completing Form 7CR, ATF assigned a leisure wage rate of $16.52 because FFLs that complete Form 7CR are Type 3 FFLs— i.e., collectors who do not apply for a 
license as part of an occupation.
8 Although Type 3 FFL collectors are not 
required to make available secure gun storage or safety devices, they are still required to answer the question about availability on Form 7CR by marking ‘‘N/A.’’ Therefore, costs for that action were counted as an industry cost of this rule. For more information on the wages used for each sample, please refer the standalone RA. Table 5 provides the average loaded wage rate by FFL type. 
TABLE 5—A VERAGE LOADED WAGE 
RATE BY FFL T YPE 
Types 1 and 2 ...................... $82.06 
Type 3 ................................... 16.52 
Type 6 ................................... 58.91 
Type 7 ................................... 62.93 
Type 8 ................................... 76.13 
Type 9 ................................... 103.44 
Type 10 ................................. 87.86 
Type 11 ................................. 109.30 
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The time needed for an FFL to certify 
on Form 7/7CR that it has secure gun 
storage or safety devices (or to mark ‘‘N/ A’’) was estimated at 0.1 minute (0.0017 hours). ATF started with the average loaded wage rate by type of license, multiplied the wage rate by the estimated number of new and renewal FFLs per type from Tables 2 and 3, and multiplied that result by the hour burden to determine the annual cost to 
certify. Tables 6 and 7 provide the annual costs to certify by FFL type from 1999 to the present. 
TABLE 6—C OSTTOCERTIFY BY FFL T YPES 1, 2, 3, 6, 7, AND8 
Year Types 1 and 2 Type 3 Type 6 Type 7 Type 8 
1999 ....................................................... $3,897 $548 $77 $60 $34 
2000 ....................................................... 3,886 548 76 68 35 
2001 ....................................................... 3,879 548 74 75 36 
2002 ....................................................... 3,867 548 71 84 38 
2003 ....................................................... 3,856 548 71 92 39 
2004 ....................................................... 3,847 548 70 98 40 
2005 ....................................................... 3,836 548 67 108 40 
2006 ....................................................... 3,817 548 67 120 41 
2007 ....................................................... 3,788 548 68 138 43 
2008 ....................................................... 3,760 548 70 155 44 
2009 ....................................................... 3,706 548 75 187 46 
2010 ....................................................... 3,645 548 84 220 48 
2011 ....................................................... 3,283 615 80 246 44 
2012 ....................................................... 3,332 595 84 326 45 
2013 ....................................................... 3,487 362 95 393 52 
2014 ....................................................... 3,458 186 101 416 57 
2015 ....................................................... 3,269 514 95 409 54 
2016 ....................................................... 3,453 532 94 453 54 
2017 ....................................................... 3,411 520 86 485 55 
2018 ....................................................... 3,184 486 76 483 52 
2019 ....................................................... 3,113 481 70 508 52 
2020 ....................................................... 3,524 555 76 637 62 
TABLE 7—C OSTTOCERTIFY BY FFL T YPES 9, 10, AND11 
Year Type 9 Type 10 Type 11 Total 
1999 ......................................................................................... $1 $6 $5 $4,564 
2000 ......................................................................................... 1 7 5 4,562 
2001 ......................................................................................... 1 7 5 4,561 
2002 ......................................................................................... 1 8 6 4,560 
2003 ......................................................................................... 1 8 6 4,558 
2004 ......................................................................................... 1 9 7 4,556 
2005 ......................................................................................... 1 10 7 4,554 
2006 ......................................................................................... 1 12 9 4,551 
2007 ......................................................................................... 2 13 9 4,545 
2008 ......................................................................................... 3 14 10 4,540 
2009 ......................................................................................... 3 16 12 4,529 
2010 ......................................................................................... 3 17 13 4,515 
2011 ......................................................................................... 3 16 13 4,300 
2012 ......................................................................................... 4 16 13 4,415 
2013 ......................................................................................... 4 17 14 4,423 
2014 ......................................................................................... 4 17 15 4,255 
2015 ......................................................................................... 4 17 15 4,378 
2016 ......................................................................................... 5 19 16 4,626 
2017 ......................................................................................... 5 20 16 4,597 
2018 ......................................................................................... 6 20 16 4,323 
2019 ......................................................................................... 8 21 17 4,271 
2020 ......................................................................................... 9 27 21 4,912 
For purposes of this analysis, ATF 
estimated that Type 1 and 2 FFLs that 
must comply with the Act would have purchased at least two safety devices at an average price of $7.39 per safety device and tape ($2.36) to notate the owner of the gun. Combined, the average price to make available secure 
gun storage or safety devices for customers is $17.14 per store. For sources of costs to make available secure gun storage or safety devices, refer to section 3.1.2 of the standalone RA. For an annual direct, industry cost of 
certifying and making available secure 
gun storage or safety devices, refer to Table 8. That table provides the annual cost of certifying and making available secure gun storage or safety devices from 1999 to 2020. 
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9Office of Personnel Management, SALARY 
TABLE 2021–GS (Jan. 2021), https://www.opm.gov/ 
policy-data-oversight/pay-leave/salaries-wages/
salary-tables/pdf/2021/GS _h.pdf. 
10Federal benefits account for 41 percent of total 
compensation. Congressional Budget Office, 
Comparing the Compensation of Federal and Private-Sector Employees, 2011 to 2015, at 14 (Apr. 
2017), https://www.cbo.gov/system/files/115th-
congress-2017-2018/reports/52637-federalprivatepay.pdf. 
11$38.86 loaded wage rate = $27.56 hourly wage 
rate * 1.41 load rate. 12Project ChildSafe, Project ChildSafe by the 
Numbers, https://www.projectchildsafe.org/sites/ 
default/files/NSSF_ PCS_ Infographic_
PCSByTheNumbers_ Jan2019_ 0.pdf (last accessed 
Dec. 17, 2021). 
13Id. TABLE 8—Y EAR BY YEARDIRECT , INDUSTRY COST 
Year Undiscounted 
industry costs Discounted cost 
7% 3% 
1999 ........................................................................................................................... $1,398,539 $6,196,088 $2,679,745 
2000 ........................................................................................................................... 147,582 611,072 274,546 
2001 ........................................................................................................................... 117,089 453,096 211,475 
2002 ........................................................................................................................... 86,808 313,942 152,218 
2003 ........................................................................................................................... 56,753 191,821 96,618 
2004 ........................................................................................................................... 56,368 178,057 93,168 
2005 ........................................................................................................................... 56,157 165,784 90,115 
2006 ........................................................................................................................... 55,727 153,753 86,821 
2007 ........................................................................................................................... 55,132 142,161 83,393 
2008 ........................................................................................................................... 54,445 131,204 79,954 
2009 ........................................................................................................................... 53,922 121,442 76,879 
2010 ........................................................................................................................... 53,517 112,645 74,080 
2011 ........................................................................................................................... 45,572 89,646 61,244 
2012 ........................................................................................................................... 52,034 95,663 67,893 
2013 ........................................................................................................................... 57,778 99,274 73,192 
2014 ........................................................................................................................... 45,742 73,451 56,256 
2015 ........................................................................................................................... 41,188 61,813 49,181 
2016 ........................................................................................................................... 43,561 61,097 50,499 
2017 ........................................................................................................................... 38,282 50,179 43,086 
2018 ........................................................................................................................... 36,298 44,466 39,664 
2019 ........................................................................................................................... 32,817 37,572 34,815 
2020 ........................................................................................................................... 47,075 50,370 48,487 
Total .................................................................................................................... 2,632, 384 9,434,596 4,523,330 
Annualized .......................................................................................................... ........... ................... 852,942 283,827 
In addition to direct, industry costs 
for Type 1 and 2 FFLs to make available 
secure gun storage or safety devices, the government incurred costs to enforce secure gun storage and safety device requirements on FFLs. Based on ATF’s database, ATF found two violations in 2019 and six violations in 2020, making the average number of violations four. Based on input from SMEs, ATF determined that Industry Operations Investigators (‘‘IOI’’) undertaking inspections related to the secure gun storage and safety device requirement range from a GS–9 to GS–13, making the average IOI a GS–10, step 5. The hourly wage rate for a GS–10, step 5 is $27.56.
9 
In order to account for fringe benefits, ATF attributed a load rate of 1.41, making the loaded, hourly wage rate for an IOI $38.86.
10 11 The SMEs estimated 
that it would take an average of 20 minutes (0.33 hours) to have a conversation with the FFL in question and compile a report or warning 
regarding the violation, making the government cost $26 in 2019 and $78 in 
2020. Because ATF does not have any information regarding inspections for previous years, ATF used the average of four violations per year as the government cost for enforcement between the years 1999 and 2018. The average cost of enforcement was estimated to be $52. 
ATF accounts for indirect costs of this 
rule although they are not considered part of the total cost of the rule. Other organizations, such as Project ChildSafe, provide gun locks free to the public, which ends up being a savings for the populations affected by this rule. Because these costs are voluntarily incurred, they are considered indirect 
costs. Based on information provided by Project ChildSafe, which primarily obtains its funding through other sources, this organization has provided approximately 38 million gun locks to the public and provides approximately 1.8 million gun lock kits annually.
12 
Furthermore, Project ChildSafe estimates that manufacturers have 
included approximately 70 million locks with a purchase of a firearm, which they estimate is valued at $140 million.
13These are indirect costs that 
ATF does not consider as part of the total costs of this final rule. 
Other indirect costs include firearm 
manufacturers who voluntarily include safety devices with each purchase of a new firearm. While manufacturers are not required to provide gun locks with their firearms due to this rule, it is possible that manufacturers have 
incorporated the cost of these gun locks into the final purchasing price of the firearm and is therefore already accounted for. It is for these reasons that ATF does not consider these indirect costs as costs attributed to this rule. 
ATF accounted for the direct, 
industry costs of this rule along with the government enforcement costs attributed to this rule. Table 9 provides the total costs for this rule. 
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TABLE 9—T OTAL DIRECT , INDUSTRY AND GOVERNMENT COSTS OF THISRULE 
Year Undiscounted total 
costs Discounted cost 
7% 3% 
1999 ........................................................................................................................... $1,398,590 $6,196,318 $2,679,844 
2000 ........................................................................................................................... 147,634 611,287 274,642 
2001 ........................................................................................................................... 117,140 453,296 211,569 
2002 ........................................................................................................................... 86,859 314,130 152,309 
2003 ........................................................................................................................... 56,805 191,996 96,706 
2004 ........................................................................................................................... 56,420 178,221 93,254 
2005 ........................................................................................................................... 56,209 165,937 90,198 
2006 ........................................................................................................................... 55,779 153,896 86,902 
2007 ........................................................................................................................... 55,184 142,294 83,471 
2008 ........................................................................................................................... 54,497 131,329 80,030 
2009 ........................................................................................................................... 53,973 121,558 76,953 
2010 ........................................................................................................................... 53,569 112,754 74,152 
2011 ........................................................................................................................... 45,623 89,748 61,314 
2012 ........................................................................................................................... 52,086 95,758 67,960 
2013 ........................................................................................................................... 57,830 99,363 73,257 
2014 ........................................................................................................................... 45,793 73,534 56,320 
2015 ........................................................................................................................... 41,240 61,890 49,243 
2016 ........................................................................................................................... 43,613 61,170 50,559 
2017 ........................................................................................................................... 38,333 50,247 43,145 
2018 ........................................................................................................................... 36,350 44,530 39,720 
2019 ........................................................................................................................... 32,843 37,602 34,843 
2020 ........................................................................................................................... 47,153 50,454 48,567 
Total .................................................................................................................... 2,633, 524 9,437,311 4,524,959 
Annualized .......................................................................................................... ........... ................... 853,187 283,929 
Overall, ATF estimated that, in 
accordance with the standards for 
regulatory analysis described in OMB 
Circular A–4, the total cost attributable to this rule from 1999 to 2020 was $2.6 million undiscounted, or annualized at $853,187 and $283,929 at 7 percent and 3 percent, respectively. 
4. Benefits 
The benefit of this rule is making 
available secure gun storage or safety 
devices for owners of firearms who otherwise do not have such storage or safety devices available to them. Making secure gun storage or safety devices available inhibits unauthorized access to privately owned firearms for individuals such as children, who might accidently discharge them, and inhibits access by criminals, who might use them for illicit activities. 
B. Executive Order 13132 
This 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 rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact 
statement. 
C. Executive Order 12988 
This rule meets the applicable 
standards set forth in sections 3(a) and 
3(b)(2) of Executive Order 12988 (Civil Justice Reform). 
D. Regulatory Flexibility Act 
Under the Regulatory Flexibility Act, 
5 U.S.C. 601–12, the Attorney General 
certifies that this final rule will not have a significant economic impact on a substantial number of small entities. The Department has considered whether this final rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of fewer than 50,000. 
ATF has determined that, in order for 
the costs associated with this rule to impact a small entity’s revenue by even one percent, the entity would need to make $1,728 or less in annual revenue. For the costs to have a 10 percent effect on revenue, a small entity would need to make $173 or less in revenue. ATF has determined that it is unlikely that a small entity would make such minimal amounts in revenue and continue to operate. Therefore, the Attorney General certifies under 5 U.S.C. 605(b) that this 
final rule would not have a significant economic impact on a substantial number of small entities. 
E. Unfunded Mandates Reform Act of 
1995 
This rule will not result in the 
aggregate expenditure by State, local, and Tribal governments, 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 are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. 
F. Paperwork Reduction Act 
Under the Paperwork Reduction Act 
of 1995 (‘‘PRA’’), 44 U.S.C. 3501–21, 
agencies are required to submit for OMB review and approval any reporting 
requirements inherent in a rule. The collection of information contained in this final rule is a collection of information that has been reviewed and approved by OMB in accordance with the requirements of the PRA, and it has been assigned an OMB Control Number. 
Title: Application for Federal 
Firearms License—ATF Form 7 (5310.12)/7CR (5310.16). 
OMB Control Number: 1140–0018. 
Summary of the Collection of 
Information: This collection of 
information is used by the public when 
applying for a Federal firearms license 
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(‘‘FFL’’); this form is used to apply for 
all FFL types. 
Need for Information: The 
information requested on the form is used to determine the eligibility of the applicant to obtain an FFL, and the identity and eligibility of Responsible Persons. 
Proposed Use of Information: The 
information contained will be used to determine the applicant’s eligibility to receive a license. 
Description of the Respondents: All 
Federal firearms licensees. 
Number of Respondents: 47,088. 
Frequency of Response: Once every 3 
years. 
Burden of Response: For this rule, 
0.0017 hours. Total 1 hour. 
Estimate of Total Annual Burden: For 
this rule, 80 hours. Total burden 47,088 
hours. 
G. Congressional Review Act 
Pursuant to the Congressional Review 
Act, 5 U.S.C. 801–08, OMB’s Office of 
Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or a significant adverse effect on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign- based enterprises in domestic and export markets. 
Disclosure 
Copies of this rule and the comments 
received in response to the proposed 
rule will be available for public inspection through the Federal eRulemaking portal, www.regulations.gov (search for RIN 
1140–AA10), or by appointment during normal business hours at the ATF Reading Room, Room 1E–062, 99 New York Avenue NE, Washington, DC 20226; telephone: (202) 648–8740. 
List of Subjects in 27 CFR Part 478 
Administrative practice and 
procedure, Arms and munitions, 
Exports, Freight, 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 
■1. The authority citation for part 478 
is revised to read as follows: 
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 
921–931; 44 U.S.C. 3504(h). 
■2. Amend § 478.11 as follows: 
■a. Revise the definition of ‘‘Antique 
firearm’’; 
■b. Remove the words ‘‘the explosive 
in a fixed metallic cartridge’’ in the definition of ‘‘Rifle’’ and add in their place ‘‘an explosive’’; 
■c, Add a definition for ‘‘Secure gun 
storage or safety device’’ in alphabetical order; and 
■d. Remove the words ‘‘the explosive 
in a fixed shotgun shell’’ in the definition of ‘‘Shotgun’’ and add in their place ‘‘an explosive’’. 
The revision and addition read as 
follows: 
§ 478.11 Meaning of terms. 
* * * * * 
Antique firearm. (1) Any firearm 
(including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; 
(2) Any replica of any firearm 
described in paragraph (a) of this definition if such replica: 
(i) Is not designed or redesigned for 
using rimfire or conventional centerfire fixed ammunition; or 
(ii) Uses rimfire or conventional 
centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade; or 
(3) Any muzzle loading rifle, muzzle 
loading shotgun, or muzzle loading pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition. For purposes of this paragraph (3), the term ‘‘antique firearm’’ does not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. 
* * * * * 
Secure gun storage or safety device. 
(1) A device that, when installed on a 
firearm, is designed to prevent the firearm from being operated without first deactivating the device; 
(2) A device incorporated into the 
design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or (3) A safe, gun safe, gun case, lock 
box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means. 
* * * * * 
■3. Amend § 478.73 by adding a 
sentence after the first sentence in 
paragraph (a) to read as follows: 
§ 478.73 Notice of revocation, suspension, 
or imposition of civil fine. 
(a) * * * In addition, a notice of 
revocation of the license, on ATF Form 
4500, may be issued whenever the Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee). * * * 
* * * * * 
■4. Add § 478.104 to subpart F to read 
as follows: 
§ 478.104 Secure gun storage or safety 
device. 
(a) Any person who applies to be a 
licensed firearms dealer must certify on 
ATF Form 7 (5310.12), Application for Federal Firearms License, that compatible secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty, loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered in violation of the requirement to make available such a device). 
(b) Any person who applies to be a 
licensed firearms importer or a licensed manufacturer and will be engaged in business on the licensed premises as a dealer in the same type of firearms authorized by the license to be imported or manufactured must make the certification required under paragraph (a) of this section. 
(c) Each licensee described in this 
section must have compatible secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees. However, such licensee shall 
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not be considered to be in violation of 
this requirement if a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. 
Dated: December 23, 2021. 
Merrick B. Garland, 
Attorney General. 
[FR Doc. 2021–28398 Filed 1–3–22; 8:45 am] 
BILLING CODE 4410–FY–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 271 
[EPA–R01–RCRA–2020–0175; FRL 8892– 
01–R1] 
Massachusetts: Final Authorization of 
State Hazardous Waste Management Program Revisions 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Direct final rule. 
SUMMARY : Massachusetts has applied to 
the United States Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed Massachusetts’ application, and has determined that these revisions satisfy all requirements needed to qualify for final authorization. Therefore, we are taking direct final action to authorize the State’s changes. In the ‘‘Proposed Rules’’ section of this issue of the Federal Register, the EPA is also publishing a separate document that serves as the proposal to authorize these revisions. Unless the EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Massachusetts’ revisions to its hazardous waste program will take effect. 
DATES : This final authorization is 
effective on March 7, 2022, unless the EPA receives adverse written comments by February 3, 2022. If the EPA receives any such comment, the EPA will publish a timely withdrawal of this direct final rule in the Federal Register and inform the public that this authorization will not take effect. 
ADDRESSES : Submit your comments, 
identified by Docket ID No. EPA–R01– RCRA–2020–0175, at https://www.regulations.gov/. Follow the online 
instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may 
publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. 
FOR FURTHER INFORMATION CONTACT : Sara 
Kinslow, RCRA Waste Management, UST, and Pesticides Section; Land, Chemicals, and Redevelopment Division; U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07– 1), Boston, MA 02109–3912; phone: 617–918–1648; email: kinslow.sara@epa.gov. 
SUPPLEMENTARY INFORMATION : 
A. Why are revisions to State programs necessary? 
States that have received final 
authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, states must change their programs and ask the EPA to authorize the changes. Changes to state programs may be necessary when Federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to the EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. 
New Federal requirements and 
prohibitions imposed by Federal regulations that the EPA promulgates pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) take effect in authorized states at the same time that they take effect in unauthorized states. Thus, the EPA will implement those requirements and prohibitions in Massachusetts, including the issuance of new permits implementing those requirements, until Massachusetts is granted authorization to do so. 
B. What decisions has the EPA made in 
this rule? 
On August 13, 2021, Massachusetts 
submitted a complete program revision application seeking authorization of revisions to its hazardous waste program. The EPA concludes that Massachusetts’ application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA, as set forth in RCRA Section 3006(b), 42 U.S.C 6926(b), and 40 CFR part 271. Therefore, the EPA grants final authorization to Massachusetts to operate its hazardous waste program with the revisions described in its authorization application, and as listed below in Section G of this document. 
The Massachusetts Department of 
Environmental Protection (MassDEP) has responsibility for permitting treatment, storage, and disposal facilities within its borders and for carrying out the aspects of the RCRA program described in its application, subject to the limitations of HSWA, as discussed above. 
C. What is the effect of today’s 
authorization decision? 
This decision serves to authorize 
Massachusetts for the revisions to its authorized hazardous waste program described in its authorization application. These changes will become part of the authorized State hazardous waste program and will therefore be Federally enforceable. Massachusetts will continue to have primary enforcement authority and responsibility for its State hazardous waste program. The EPA would maintain its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to: 
•Conduct inspections, and require 
monitoring, tests, analyses and reports; 
•Enforce RCRA requirements, 
including authorized State program requirements, and suspend or revoke permits; and 
•Take enforcement actions regardless 
of whether the State has taken its own actions. 
This action will not impose additional 
requirements on the regulated community because the regulations for which the EPA is authorizing Massachusetts are already effective under state law and are not changed by today’s action. 
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