Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules 33453 

York Avenue NE., Washington, DC 

20226; telephone: (202) 648–8740. 

Drafting Information 

The author of this document is George 

M. Fodor, Office of Regulatory Affairs, 

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 munitions, 

Customs duties and inspection, Exports, 

Imports, Intergovernmental relations, 

Law enforcement officers, Military 

personnel, 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 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. Remove the words ‘‘the explosive in 

a fixed metallic cartridge’’ in the 

definition of ‘‘Rifle’’ and add in their 

place ‘‘an explosive’’; 

■ b. Remove the words ‘‘the explosive 

in a fixed shotgun shell’’ in the 

definition of ‘‘Shotgun’’ and add in their 

place ‘‘an explosive’’; and 

■ c. Revise the definition of ‘‘Antique 

firearm’’ and add a definition for the 

term ‘‘Secure gun storage or safety 

device’’, to read as follows: 

§ 478.11 Meaning of terms. 

* * * * * 

Antique firearm. (a) Any firearm 

(including any firearm with a 

matchlock, flintlock, percussion cap, or 

similar type of ignition system) 

manufactured in or before 1898; 

(b) Any replica of any firearm 

described in paragraph (a) of this 

definition if such replica— 

(1) Is not designed or redesigned for 

using rimfire or conventional centerfire 

fixed ammunition, or 

(2) 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 

(c) 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 (c), 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. 

(a) A device that, when installed on a 

firearm, is designed to prevent the 

firearm from being operated without 

first deactivating the device; 

(b) 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 

(c) 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) Basis for action. * * * In addition, 

a notice of revocation of the license, 

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 

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: May 17, 2016. 

Loretta E. Lynch, 

Attorney General. 

[FR Doc. 2016–12364 Filed 5–25–16; 8:45 am] 

BILLING CODE 4410–FY–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0801; A–1–FRL– 

9946–93–Region 1] 

Air Plan Approval; ME; Control of 

Volatile Organic Compound Emissions 

From Fiberglass Boat Manufacturing 

and Surface Coating Facilities 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Maine. These revisions establish 

Reasonably Available Control 

Technology (RACT) requirements for 

reducing volatile organic compound 

(VOC) emissions from fiberglass boat 

manufacturing and surface coating 

operations. The intended effect of this 

action is to approve these requirements 

into the Maine SIP. This action is being 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
33454 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Proposed Rules 

taken in accordance with the Clean Air 

Act. 

DATES: Written comments must be 

received on or before June 27, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2015–0801 at http://

www.regulations.gov, or via email to 

Mackintosh.David@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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, please 

contact the person identified in the ‘‘For 

Further Information Contact’’ section. 

For 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: 

David L. Mackintosh, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100 (Mail code OEP05–2), Boston, 

MA 02109–3912, tel. 617–918–1584, fax 

617–918–0668, email 

Mackintosh.David@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules Section of this Federal Register. 

Dated: May 11, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2016–12397 Filed 5–25–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 160411325–6325–01] 

RIN 0648–XE568 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to implement 

annual management measures and 

harvest specifications to establish the 

allowable catch levels (i.e. annual catch 

limit (ACL)/harvest guideline (HG)) for 

the northern subpopulation of Pacific 

sardine (hereafter, simply Pacific 

sardine), in the U.S. Exclusive 

Economic Zone (EEZ) off the Pacific 

coast for the fishing season of July 1, 

2016, through June 30, 2017. This rule 

is proposed according to the Coastal 

Pelagic Species (CPS) Fishery 

Management Plan (FMP). The proposed 

action would prohibit directed nontribal Pacific sardine commercial fishing 

for Pacific sardine off the coasts of 

Washington, Oregon and California, 

which is required because the estimated 

2016 biomass of Pacific sardine has 

dropped below the biomass threshold 

specified in the HG control rule. Under 

the proposed action, Pacific sardine may 

still be harvested as part of either the 

live bait or tribal fishery or as incidental 

catch in other fisheries; the incidental 

harvest of Pacific sardine would 

initially be limited to 40-percent by 

weight of all fish per trip when caught 

with other CPS or up to 2 metric tons 

(mt) when caught with non-CPS. The 

proposed annual catch limit (ACL) for 

the 2016–2017 Pacific sardine fishing 

year is 8,000 mt. This proposed rule is 

intended to conserve and manage the 

Pacific sardine stock off the U.S. West 

Coast. 

DATES: Comments must be received by 

June 10, 2016. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2016–0052, by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2016- 

0052, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

William W. Stelle, Jr., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; Attn: Joshua 

Lindsay. 

• Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

Copies of the report ‘‘Assessment of 

Pacific Sardine Resource in 2016 for 

U.S.A. Management in 2016–2017’’ may 

be obtained from the West Coast Region 

(see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, West Coast Region, 

NMFS, (562) 980–4034, joshua.lindsay@

noaa.gov. 

SUPPLEMENTARY INFORMATION: During 

public meetings each year, the estimated 

biomass for Pacific sardine is presented 

to the Pacific Fishery Management 

Council’s (Council) CPS Management 

Team (Team), the Council’s CPS 

Advisory Subpanel (Subpanel) and the 

Council’s Scientific and Statistical 

Committee (SSC), and the biomass and 

the status of the fishery are reviewed 

and discussed. The biomass estimate is 

then presented to the Council along 

with the calculated overfishing limit 

(OFL), available biological catch (ABC), 


jstallworth on DSK7TPTVN1PROD with PROPOSALS