61990 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 

reactor facility designs and to help 

ensure the minimum requirements are 

met for the type of application selected. 

Revision 1 to DG–1404 is now being 

issued for public comment as the NRC 

has completed its development of 

Appendix B and made conforming 

changes to the DG–1404. The newly 

added Appendix B provides additional 

guidance for the scope, level of detail, 

elements, and plant representation for a 

PRA supporting an LMP-based part 50 

of title 10 of the Code of Federal 

Regulations (10 CFR) construction 

permit application. Conforming changes 

to the base document of DG–1404 

Revision 0 (staff position C.3.d) and 

DG–1404 Appendix A Revision 0 (item 

1) were made to reflect the addition of 

Appendix B. The changes to the DG– 

1404, Revision 0 base document and 

Appendix A are shown in strikeout so 

that these changes can be easily 

identified (ADAMS Accession No. 

ML23248A343). 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Proposed Rules’’ section of the Federal 

Register to comply with publication 

requirements under 1 CFR chapter I. 

III. Backfitting, Forward Fitting, and 

Issue Finality 

DG–1404, Revision 1, if finalized, 

would not constitute backfitting as 

defined in 10 CFR 50.109, ‘‘Backfitting,’’ 

and as described in Management 

Directive (MD) 8.4, ‘‘Management of 

Backfitting, Forward Fitting, Issue 

Finality, and Information Requests’’; 

constitute forward fitting as that term is 

defined and described in MD 8.4; or 

affect the issue finality of any approval 

issued under 10 CFR part 52. The 

guidance would not apply to any 

current licensees or applicants under 10 

CFR parts 50 or 52 or existing or 

requested approvals under 10 CFR part 

52, and therefore its issuance cannot be 

a backfit or forward fit or affect issue 

finality. Further, as explained in DG– 

1404, Revision 1, applicants and 

licensees would not be required to 

comply with the positions set forth in 

DG–1404, Revision 1. 

IV. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: September 5, 2023. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–19451 Filed 9–7–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1822; Project 

Identifier MCAI–2023–00653–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus SAS Model A310 series 

airplanes. This proposed AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This proposed 

AD would require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference 

(IBR). The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by October 23, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1822; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For EASA material that is proposed 

for IBR in this NPRM, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find 

this material on the EASA website 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1822. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aviation Safety Engineer, FAA, 

1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 206– 

231–3225; email dan.rodina@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1822; Project Identifier 

MCAI–2023–00653–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 


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from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Dan Rodina, Aviation 

Safety Engineer, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone 206–231–3225; email 

dan.rodina@faa.gov. Any commentary 

that the FAA receives which is not 

specifically designated as CBI will be 

placed in the public docket for this 

rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2023–0092, 

dated May 5, 2023 (EASA AD 2023– 

0092) (also referred to as the MCAI), to 

correct an unsafe condition on all 

Airbus SAS Model A310 series 

airplanes. The MCAI states that new or 

more restrictive airworthiness 

limitations have been developed. 

EASA AD 2023–0092 specifies that it 

requires a task (limitation) already in 

Airbus A310 Airworthiness Limitations 

Section (ALS), Part 2, Damage Tolerant 

Airworthiness Limitation Items (DT– 

ALI), Revision 03, dated December 14, 

2018, that is required by EASA AD 

2019–0091, dated April 26, 2019 (which 

corresponds to FAA AD 2019–20–06, 

Amendment 39–19759 (84 FR 55859) 

(AD 2019–20–06)), and that 

incorporation of EASA AD 2023–0092 

invalidates (terminates) prior 

instructions for that task. This proposed 

AD therefore would terminate the 

limitations for the corresponding tasks 

identified in the service information 

referenced in EASA AD 2023–0092 

only, as required by paragraph (g) of AD 

2019–20–06. 

The FAA is proposing this AD to 

address fatigue cracking, damage, or 

corrosion in principal structural 

elements. The unsafe condition, if not 

addressed, could result in reduced 

structural integrity of the airplane. You 

may examine the MCAI in the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1822. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed EASA AD 2023– 

0092, which describes new or more 

restrictive airworthiness tasks for 

airplane structures. This material is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in ADDRESSES

section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

is issuing this NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

in other products of the same type 

design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations, which are 

specified in EASA AD 2023–0092 

described previously, as incorporated by 

reference. Any differences with EASA 

AD 2023–0092 are identified as 

exceptions in the regulatory text of this 

proposed AD. 

This proposed AD would require 

revisions to certain operator 

maintenance documents to include new 

actions (e.g., inspections). Compliance 

with these actions is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired 

in the areas addressed by this proposed 

AD, the operator may not be able to 

accomplish the actions described in the 

revisions. In this situation, to comply 

with 14 CFR 91.403(c), the operator 

must request approval for an alternative 

method of compliance (AMOC) 

according to paragraph (k)(1) of this 

proposed AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2023–0092 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2023–0092 

through that incorporation, except for 

any differences identified as exceptions 

in the regulatory text of this proposed 

AD. Using common terms that are the 

same as the heading of a particular 

section in EASA AD 2023–0092 does 

not mean that operators need comply 

only with that section. For example, 

where the AD requirement refers to ‘‘all 

required actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2023–0092. 

Service information required by EASA 

AD 2023–0092 for compliance will be 

available at regulations.gov by searching 

for and locating Docket No. FAA–2023– 

1822 after the FAA final rule is 

published. 

Airworthiness Limitation ADs Using 

the New Process 

The FAA’s process of incorporating 

by reference MCAI ADs as the primary 

source of information for compliance 

with corresponding FAA ADs has been 

limited to certain MCAI ADs (primarily 

those with service bulletins as the 

primary source of information for 

accomplishing the actions required by 

the FAA AD). However, the FAA is now 

expanding the process to include MCAI 

ADs that require a change to 

airworthiness limitation documents, 

such as airworthiness limitation 

sections. 

For these ADs that incorporate by 

reference an MCAI AD that changes 

airworthiness limitations, the FAA 

requirements are unchanged. Operators 

must revise the existing maintenance or 

inspection program, as applicable, to 

incorporate the information specified in 

the new airworthiness limitation 

document. The airworthiness 

limitations must be followed according 

to 14 CFR 91.403(c) and 91.409(e). 

The previous format of the 

airworthiness limitation ADs included a 

paragraph that specified that no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions 

and intervals are approved as an AMOC 

in accordance with the procedures 

specified in the AMOC paragraph under 

‘‘Additional AD Provisions.’’ This new 

format includes a ‘‘New Provisions for 

Alternative Actions and Intervals’’ 

paragraph that does not specifically 

refer to AMOCs, but operators may still 

request an AMOC to use an alternative 

action or interval. 


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Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 1 

airplane of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the FAA 

recognizes that this number may vary 

from operator to operator. In the past, 

the FAA has estimated that this action 

takes 1 work-hour per airplane. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. Therefore, the FAA estimates 

the total cost per operator to be $7,650 

(90 work-hours × $85 per work-hour). 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA has determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Airbus SAS: Docket No. FAA–2023–1822; 

Project Identifier MCAI–2023–00653–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 23, 

2023. 

(b) Affected ADs 

This AD affects AD 2019–20–06, 

Amendment 39–19759 (84 FR 55859, October 

18, 2019) (AD 2019–20–06). 

(c) Applicability 

This AD applies to all Airbus SAS Model 

A310–203, –204, –221, –222, –304, –322, 

–324, and –325 airplanes, certificated in any 

category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to address fatigue cracking, damage, 

or corrosion in principal structural elements. 

The unsafe condition, if not addressed, could 

result in reduced structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2023–0092, dated 

May 5, 2023 (EASA AD 2023–0092). 

(h) Exceptions to EASA AD 2023–0092 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0092. 

(2) Paragraph (3) of EASA AD 2023–0092 

specifies revising ‘‘the AMP’’ within 12 

months after its effective date, but this AD 

requires revising the existing maintenance or 

inspection program, as applicable, within 90 

days after the effective date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

2023–0092 is at the applicable ‘‘associated 

thresholds’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2023–0092, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(4) This AD does not adopt the provisions 

specified in the ‘‘Recording AD compliance’’ 

section of EASA AD 2023–0092. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0092. 

(i) Provisions for Alternative Actions and 

Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0092. 

(j) Terminating Action for Certain Tasks 

Required by AD 2019–20–06 

Accomplishing the actions required by this 

AD terminates the corresponding 

requirements of AD 2019–20–06 for the tasks 

identified in the service information 

referenced in EASA AD 2023–0092 only. 

(k) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (l) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Airbus SAS’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(l) Additional Information 

For more information about this AD, 

contact Dan Rodina, Aviation Safety 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Proposed Rules 61993 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3225; email dan.rodina@faa.gov. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0092, dated May 5, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0092, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 1, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–19365 Filed 9–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 2022R–17; AG Order No. 

5781–2023] 

RIN 1140–AA58 

Definition of ‘‘Engaged in the 

Business’’ as a Dealer in Firearms 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, Department of 

Justice. 

ACTION: Notice of proposed rulemaking; 

request for comment. 

SUMMARY: The Department of Justice 

(‘‘Department’’) proposes amending 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (‘‘ATF’’) regulations to 

implement the provisions of the 

Bipartisan Safer Communities Act 

(‘‘BSCA’’), effective June 25, 2022, that 

broaden the definition of when a person 

is considered ‘‘engaged in the business’’ 

as a dealer in firearms other than a 

gunsmith or pawnbroker. This proposed 

rule incorporates the BSCA’s definition 

of ‘‘predominantly earn a profit,’’ 

creates a stand-alone definition of 

‘‘terrorism,’’ and amends the definitions 

of ‘‘principal objective of livelihood and 

profit’’ and ‘‘engaged in the business’’ to 

ensure each conforms with the BSCA’s 

statutory changes and can be relied 

upon by the public. The proposed rule 

also clarifies what it means for a person 

to be ‘‘engaged in the business’’ of 

dealing in firearms, and to have the 

intent to ‘‘predominantly earn a profit’’ 

from the sale or disposition of firearms. 

In addition, it clarifies the term 

‘‘dealer,’’ including how that term 

applies to auctioneers, and defines the 

term ‘‘responsible person.’’ These 

proposed changes would assist persons 

in understanding when they are 

required to have a license to deal in 

firearms. Consistent with the Gun 

Control Act (‘‘GCA’’) and existing 

regulations, the proposed rule also 

defines the term ‘‘personal collection’’ 

to clarify when persons are not 

‘‘engaged in the business’’ because they 

make only occasional sales to enhance 

a personal collection, or for a hobby, or 

if the firearms they sell are all or part 

of a personal collection. This proposed 

rule further addresses the lawful ways 

in which former licensees, and 

responsible persons acting on behalf of 

such licensees, may liquidate business 

inventory upon revocation or other 

termination of their license. Finally, the 

proposed rule clarifies that a licensee 

transferring a firearm to another licensee 

must do so by following the verification 

and recordkeeping procedures instead 

of using a Firearms Transaction Record, 

ATF Form 4473. 

DATES: Written comments must be postmarked and electronic comments must 

be submitted on or before December 7, 

2023. 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: You may submit comments, 

identified by docket number ATF 

2022R–17, by either of the following 

methods— 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Helen Koppe, Mail Stop 6N– 

518, Office of Regulatory Affairs, 

Enforcement Programs and Services, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives, 99 New York Ave. NE, 

Washington, DC 20226; ATTN: ATF 

2022R–17. 

Instructions: All submissions received 

must include the agency name and 

docket number (ATF 2022R–17) for this 

notice of proposed rulemaking 

(‘‘NPRM’’ or ‘‘proposed rule’’). All 

properly completed comments received 

from either of the methods described 

above will be posted without change to 

the Federal eRulemaking portal, 

www.regulations.gov. This includes any 

personal identifying information (‘‘PII’’) 

submitted in the body of the comment 

or as part of a related attachment. 

Commenters who submit through the 

Federal eRulemaking portal and who do 

not want any of their PII posted on the 

internet should omit PII from the body 

of their comment or in any uploaded 

attachments. Commenters who submit 

through mail should likewise omit their 

PII from the body of the comment and 

provide any PII on the cover sheet only. 

For detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Helen Koppe, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Ave. NE, Washington, DC 20226; 

telephone: (202) 648–7070 (this is not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department is proposing to 

amend ATF regulations to implement 

the provision of the Bipartisan Safer 

Communities Act, Public Law 117–159, 

sec. 12002, 136 Stat. 1313, 1324 (2022) 

(‘‘BSCA’’), that amended the definition 

of ‘‘engaged in the business’’ in the Gun 

Control Act of 1968 (‘‘GCA’’) at 18 

U.S.C. 921(a)(21)(C), and to facilitate 

compliance with the statute. 

The Attorney General is responsible 

for enforcing the GCA. This 

responsibility includes the authority to 

promulgate regulations necessary to 

enforce the provisions of the GCA. See 

18 U.S.C. 926(a). Congress and the 

Attorney General have delegated the 

responsibility for administering and 

enforcing the GCA to the Director of 

ATF (‘‘Director’’), subject to the 

direction of the Attorney General and 

the Deputy Attorney General. See 28 

U.S.C. 599A(b)(1)–(2), (c)(1); 28 CFR 

0.130(a)(1) and (2); Treasury Department 

Order No. 221, sec. (2)(a), (d), 37 FR 

11696, 11696–97 (June 10, 1972). 

Accordingly, the Department and ATF 

have promulgated regulations necessary 


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