47254 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Proposed Rules 

Issued in Washington, DC, on July 27, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–19270 Filed 8–4–10; 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 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. 

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-TheCounter, or Form 4473 (LV) Part II, 

Firearms Transaction Record Part II Low 

Volume—Intrastate Non-Over-TheCounter, in lieu of the records 

prescribed by § 478.125(e). A licensed 

dealer who maintains alternate records 

pursuant to § 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 

§ 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 sixmonth 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 § 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Proposed Rules 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 § 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 foreignbased 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS
47256 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Proposed Rules 

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 81⁄2′′ 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: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2009–0570; FRL–9172–7] 

Louisiana: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: During a review of 

Louisiana’s regulations, EPA identified 

a variety of State-initiated changes to 

Louisiana’s hazardous waste program 

under the Resource Conservation and 

Recovery Act, as amended (RCRA), for 

which the State had not previously 

sought authorization. EPA proposes to 

authorize the State for the program 

changes. In addition, the EPA proposes 

to codify in the regulations entitled 

‘‘Approved State Hazardous Waste 

Management Programs’’, Louisiana’s 

authorized hazardous waste program. 

The EPA will incorporate by reference 

into the Code of Federal Regulations 

(CFR) those provisions of the State 

regulations that are authorized and that 

EPA will enforce under RCRA. 

DATES: Send written comments by 

September 7, 2010. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, or Julia 

Banks, Codification Coordinator (6PD– 

O), Multimedia Planning and Permitting 

Division at the address shown below. 

You can examine copies of the materials 

that form the basis for this authorization 

and incorporation by reference during 

normal business hours at the following 

location: EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–6533 or (214) 

665–8178. You may also submit 

comments electronically or through 

hand delivery/courier; please follow the 

detailed instructions in the ADDRESSES

section of the direct final rule which is 

located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson or Julia Banks at (214) 

665–8533 or (214) 665–8178. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

the changes to the Louisiana program, 

and codifying and incorporating by 

reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

immediate final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. Unless we get written 

comments which oppose this 

authorization and incorporation by 

reference during the comment period, 

the direct final rule will become 

effective on the date it establishes, and 

we will not take further action on this 

proposal. If we get comments that 

oppose these actions, we will withdraw 

the direct final rule and it will not take 

effect. We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. For additional information, 

please see the direct final rule published 

in the ‘‘Rules and Regulations’’ section of 

this Federal Register. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS