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[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Proposed Rules]               
[Page 47254-47256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au10-28]                         

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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Part 478

[Docket No. ATF 30P; AG Order No. 3182-2010]
RIN 1140-AA34

 
Elimination of Firearms Transaction Record, ATF Form 4473 (Low 
Volume) (2008R-21P)

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Justice is proposing to amend the 
regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
(ATF) by eliminating the Firearms Transaction Record, ATF Form 4473 
(Low Volume (LV)), Parts I and II. These forms may be used by federally 
licensed firearms dealers as an alternate record for the receipt and 
disposition of firearms. Because licensees rarely use Forms 4473 (LV), 
ATF has determined that continued use of these forms is unwarranted and 
they should be eliminated. The standard Form 4473, Firearms Transaction 
Record, is being retained. If the proposed rule is adopted, licensees 
will be required to use the standard Form 4473 for all dispositions and 
maintain a record of the acquisition and disposition of firearms in 
accordance with the regulations.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before November 3, 2010. Commenters should be aware 
that the electronic Federal Docket Management System will not accept 
comments after midnight Eastern Time on the last day of the comment 
period.

ADDRESSES: Send comments to any of the following addresses--
     Scott P. Armstrong-Cezar, Industry Operations Specialist, 
Room 6N-602, Enforcement Programs and Services, Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New 
York Avenue, NE., Washington, DC 20226; Attn: ATF 30P. Written comments 
must appear in a minimum 12-point size of type (.17 inches), include 
your mailing address, be signed, and may be of any length.
     202-648-9741 (facsimile).
    http://www.regulations.gov. Federal eRulemaking portal; 
follow the instructions for submitting comments.
    You may also view an electronic version of this proposed rule at 
the http://www.regulations.gov site.
    See the Public Participation section at the end of the 
SUPPLEMENTARY INFORMATION section for instructions and requirements for 
submitting comments, and for information on how to request a public 
hearing.

FOR FURTHER INFORMATION CONTACT: Scott P. Armstrong-Cezar, 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) 648-7119.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Attorney General is responsible for enforcing the provisions of 
the Gun Control Act of 1968 (``the Act''), 18 U.S.C. chapter 44. Among 
other things, the Act authorizes the Attorney General to establish 
license and record-keeping requirements. Enforcement responsibility 
under the Act has been delegated to the Director of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives (ATF), subject to the 
direction of the Attorney General and the Deputy Attorney General. 28 
CFR 0.130(a). Pursuant to an earlier delegation from the Secretary of 
the Treasury before ATF became a part of the Department of Justice in 
2003, ATF has promulgated regulations that implement the provisions of 
the Act in 27 CFR part 478.
    Section 478.125(e) requires that each federally licensed firearms 
dealer enter into a record each receipt and disposition of firearms. 
The record must be maintained in bound form under the format prescribed 
in the regulations. Regarding the purchase or other acquisition of a 
firearm by a licensed dealer, the record must show the date of receipt, 
the name and address or the name and license number of the person from 
whom received, the name of the manufacturer and importer (if any), the 
model, serial number, type, and the caliber or gauge of the firearm. 
Licensed dealers must also record certain information regarding the 
sale or other disposition of a firearm, e.g., the date of the sale or 
other disposition of the firearm, the name and address of the person to 
whom the firearm is transferred, or the name and license number of the 
person to whom the firearm is transferred if such person is a licensee.
    Section 478.124a, which became effective August 1, 1988, provides 
for alternate records for the receipt and disposition of firearms by 
licensed dealers. This section generally provides that a licensed 
dealer acquiring firearms and contemplating the disposition of not more 
than 50 firearms within a succeeding 12-month period to licensees or 
nonlicensees may maintain a record of the acquisition and disposition 
of such firearms on a firearms transaction record, Form 4473 (LV) Part 
I, Firearms Transaction Record Part I--Low Volume--Over-The-Counter, or 
Form 4473 (LV) Part II, Firearms Transaction Record Part II Low 
Volume--Intrastate Non-Over-The-Counter, in lieu of the records 
prescribed by Sec.  478.125(e). A licensed dealer who maintains 
alternate records pursuant to Sec.  478.124a, but whose firearms 
dispositions exceed 50 firearms within a 12-month period, must make and 
maintain the acquisition and disposition records required by Sec.  
478.125(e) with respect to each firearm exceeding 50.
    The standard Form 4473, Firearms Transaction Record, is the form 
commonly used by firearms licensees to effect distributions of firearms 
to nonlicensed individuals. This form is supported by the licensee's 
acquisition and disposition summary record. The Form 4473 (LV) combines 
the acquisition and disposition record into the form for use by low 
volume licensees (i.e., dealers distributing not more than 50 firearms 
per year).

II. Proposed Rule

    ATF has determined that firearms licensees rarely use the Firearms 
Transaction Record, Form 4473 (LV), Parts I or II. According to ATF's 
Distribution Center, of the approximately 70,000 orders it receives 
annually for various forms, there are rarely, if ever, requests for 
Form 4473 (LV). The form has not been printed since 2005 and, in the 
most recent six-month reporting period (August 2008 to February 2009), 
ATF has received no requests for the form. Because of Form 4473 (LV)'s 
infrequent use, ATF believes the form should be eliminated.
    In addition, since Sec.  478.124a became effective, there have been 
several legislative amendments to the Gun Control Act, which have 
resulted in numerous revisions to the Form 4473 (LV). ATF has 
determined that updating and revising this form, along with the

[[Page 47255]]

associated printing costs, is not an efficient use of its resources.
    Accordingly, this proposed rule amends the regulations by removing 
the Firearms Transaction Record, Form 4473 (LV), Parts I and II, as an 
alternate record for the receipt and disposition of firearms by 
federally licensed firearms dealers. The standard Form 4473, which is 
currently used by licensees who have annual firearms dispositions of 
more than 50, is being retained.
    If the proposed rule is adopted, licensees will be required to use 
the standard ATF Form 4473 for all dispositions and maintain a record 
of the acquisition and disposition of firearms in accordance with the 
provisions of Sec.  478.125.

How This Document Complies With the Federal Administrative Requirements 
for Rulemaking

A. Executive Order 12866

    This proposed rule has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation. The Department of Justice has 
determined that this proposed rule is a ``significant regulatory 
action'' under Executive Order 12866, section 3(f), Regulatory Planning 
and Review, and accordingly this proposed rule has been reviewed by the 
Office of Management and Budget. However, this proposed rule will not 
have an annual effect on the economy of $100 million or more, nor will 
it adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    Because ATF Form 4473 (LV), Parts I and II, are rarely used by 
Federal firearms licensees, the proposed rule will have a negligible 
effect on the economy.

B. Executive Order 13132

    The proposed 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, the Attorney General has determined that the 
proposed rule will not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement.

C. Executive Order 12988

    The proposed 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

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an 
agency to conduct a regulatory flexibility analysis of any rule subject 
to notice and comment rulemaking requirements unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. See 5 U.S.C. 605(b). Small 
entities include small businesses, small not-for-profit enterprises, 
and small governmental jurisdictions. The Attorney General, in 
accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has 
reviewed this proposed rule and, by approving it, certifies that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities, including small businesses, small 
not-for-profit enterprises, and small governmental jurisdictions.
    Because ATF Form 4473 (LV), Parts I and II, are rarely used by 
Federal firearms licensees, the proposed rule will have a negligible 
effect on small businesses.

E. Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rule is not a major rule as defined by section 251 of 
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 
U.S.C. 804. This proposed rule will not result in an annual effect on 
the economy of $100 million or more; a major increase in costs or 
prices; or significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based companies to compete with foreign-based companies in 
domestic and export markets.

F. Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector of $100 million or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

G. Paperwork Reduction Act

    This proposed rule does not impose any new reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

Public Participation

A. Comments Sought

    ATF is requesting comments on the proposed rule from all interested 
persons. ATF is also specifically requesting comments on the clarity of 
this proposed rule and how it may be made easier to understand.
    All comments must reference this document docket number (ATF 30P), 
be legible, and include your name and mailing address. ATF will treat 
all comments as originals and will not acknowledge receipt of comments.
    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.

B. Confidentiality

    Comments, whether submitted electronically or in paper, will be 
made available for public viewing at ATF, and on the Internet as part 
of the eRulemaking initiative, and are subject to the Freedom of 
Information Act. Commenters who do not want their name or other 
personal identifying information posted on the Internet should submit 
their comment by mail or facsimile, along with a separate cover sheet 
that contains their personal identifying information. Both the cover 
sheet and comment must reference this docket number. Information 
contained in the cover sheet will not be posted on the Internet. Any 
personal identifying information that appears within the comment will 
be posted on the Internet and will not be redacted by ATF.
    Any material that the commenter considers to be inappropriate for 
disclosure to the public should not be included in the comment. Any 
person submitting a comment shall specifically designate that portion 
(if any) of his comments that contains material that is confidential 
under law (e.g., trade secrets, processes, etc.). Any portion of a 
comment that is confidential under law shall be set forth on pages 
separate from the balance of the comment and shall be prominently 
marked ``confidential'' at the top of each page. Confidential 
information will be included in the rulemaking record but will not be 
disclosed to the public. Any comments containing material that is not 
confidential under law may be disclosed to the public. In any event, 
the

[[Page 47256]]

name of the person submitting a comment is not exempt from disclosure.

C. Submitting Comments

    Comments may be submitted in any of three ways:
     Mail: Send written comments to the address listed in the 
ADDRESSES section of this document. Written comments must appear in a 
minimum 12 point size of type (.17 inches), include your mailing 
address, be signed, and may be of any length.
     Facsimile: You may submit comments by facsimile 
transmission to (202) 648-9741. Faxed comments must:
    (1) Be legible and appear in a minimum 12 point size of type (.17 
inches);
    (2) Be on 8\1/2\ x 11 paper;
    (3) Contain a legible, written signature; and
    (4) Be no more than five pages long. ATF will not accept faxed 
comments that exceed five pages.
     Federal eRulemaking Portal: To submit comments to ATF via 
the Federal eRulemaking portal, visit  http://www.regulations.gov and 
follow the instructions for submitting comments.

D. Request for Hearing

    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit his or her request, in writing, to 
the Director of ATF 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.

Disclosure

    Copies of this proposed rule and the comments received will be 
available for public inspection by appointment during normal business 
hours at: ATF Reading Room, Room 1E-063, 99 New York Avenue, NE., 
Washington, DC 20226; telephone: (202) 648-7080.

Drafting Information

    The author of this document is Scott P. Armstrong-Cezar; 
Enforcement Programs and Services; Bureau of Alcohol, Tobacco, 
Firearms, and Explosives.

List of Subjects in 27 CFR Part 478

    Administrative practice and procedure, Arms and ammunition, 
Authority delegations, Customs duties and inspection, Domestic 
violence, Exports, Imports, Law enforcement personnel, Military 
personnel, Nonimmigrant aliens, Penalties, Reporting and recordkeeping 
requirements, Research, Seizures and forfeitures, and Transportation.

Authority and Issuance

    Accordingly, for the reasons discussed in the preamble, 27 CFR part 
478 is proposed to be amended as follows:

PART 478--COMMERCE IN FIREARMS AND AMMUNITION

    1. The authority citation for 27 CFR part 478 continues to read as 
follows:

    Authority:  5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 
3504(h).

    2. Section 478.124a is removed.
    3. Section 478.125 is amended by revising the first sentence in 
paragraph (e) to read as follows:

Sec.  478.125  Record of receipt and disposition.

* * * * *
    (e) Firearms receipt and disposition by dealers. Each licensed 
dealer shall enter into a record each receipt and disposition of 
firearms. * * *
* * * * *

    Dated: July 22, 2010.
Eric H. Holder, Jr.,
Attorney General..
[FR Doc. 2010-19273 Filed 8-4-10; 8:45 am]
BILLING CODE 4410-FY-P
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