Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 1875 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW TX E5 Houston, TX [Amended] 

Point of Origin 

(Lat. 30°35′01′′ N., long. 95°28′01′′ W.) 

Anahuac, Chambers County Airport, TX 

(Lat. 29°46′11′′ N., long. 94°39′49′′ W.) 

Galveston, Scholes International at 

Galveston, TX 

(Lat. 29°15′55′′ N., long. 94°51′38′′ W.) 

Brookshire, Woods No. 2 Airport, TX 

(Lat. 29°47′37′′ N., long. 95°55′31′′ W.) 

Fulshear, Covey Trails Airport, TX 

(Lat. 29°41′24′′ N., long. 95°50′23′′ W.) 

Conroe, Lone Star Executive Airport, TX 

(Lat. 30°21′09′′ N., long. 95°24′52′′ W.) 

That airspace extending upward from 700 

feet above the surface within an area 

bounded by a line beginning at the Point of 

Origin to lat. 29°45′00′′ N., long. 94°44′01′′ 

W.; thence from lat. 29°45′00′′ N., long. 

94°44′01′′ W. to a point of tangency with the 

east arc of a 7.6-mile radius of Scholes 

International at Galveston, and within a 7.6- 

mile radius of Scholes International at 

Galveston; thence from lat. 29°17′04′′ N., 

long. 95°00′13′′ W.; to lat. 29°30′01′′ N., long. 

95°54′01′′ W.; to lat. 30°26′01′′ N., long. 

95°42′01′′ W.; to the point of origin, and 

within a 6.6-mile radius of Lone Star 

Executive Airport, and within a 6.5-mile 

radius of Woods No. 2 Airport, and within 

a 6.4-mile radius of Covey Trails Airport 

excluding that airspace within the Anahuac, 

TX, Class E airspace area. 

* * * * * 

Issued in Fort Worth, TX, on January 7, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

Central Service Center. 

[FR Doc. E9–516 Filed 1–13–09; 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 27P; AG Order No. 3030– 

2009] 

Decision-Making Authority Regarding 

the Denial, Suspension, or Revocation 

of a Federal Firearms License, or 

Imposition of a Civil Fine (2008R–10P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Department of Justice is 

amending the regulations of the Bureau 

of Alcohol, Tobacco, Firearms, and 

Explosives (‘‘ATF’’) to delegate to the 

Director of ATF the authority to serve as 

the deciding official regarding the 

denial, suspension, or revocation of 

federal firearms licenses, or the 

imposition of a civil fine. The Director 

will have the flexibility to delegate to 

another ATF official the authority to 

decide a revocation or denial matter, or 

may exercise that authority himself. 

Such flexibility will allow ATF to more 

efficiently decide denial, suspension, 

and revocation hearings and also 

whether to impose a civil fine, because 

the Director can redelegate to 

Headquarters officials, field officials, or 

some combination thereof, authority to 

take action as the final agency decision 

maker. This will give the agency the 

ability to ensure consistency in decision 

making and to address any case 

backlogs that may occur. 

The interim rule will remain in effect 

until superseded by final regulations. 

DATES: Effective Date: This interim rule 

is effective January 14, 2009. 

Comment date: Written comments 

must be postmarked and electronic 

comments must be submitted on or 

before April 14, 2009. 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— 

• James P. Ficaretta, Program 

Manager, Room 6N–602, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, P.O. Box 50221, 

Washington, DC 20091–0221; ATTN: 

ATF 27P. Written comments must 

include your mailing address and be 

signed, and may be of any length. 

• 202–648–9741 (facsimile). 

• http://www.regulations.gov. Federal 

e-rulemaking portal; follow the 

instructions for submitting comments. 

You may also view an electronic 

version of this 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: 

James P. Ficaretta, 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) 648–7094. 

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. He has delegated that 

responsibility to the Director of ATF, 

subject to the direction of the Attorney 

General and the Deputy Attorney 

General. 28 CFR 0.130(a). ATF has 

promulgated regulations that implement 

the provisions of the Act in 27 CFR Part 

478. 

The regulations in Subpart E of Part 

478, §§ 478.71–78, relate to proceedings 

involving federal firearms licenses, 

including the denial, suspension, and 

revocation of a license, and the 

imposition of a civil fine. Section 478.71 

provides that whenever the Director of 

Industry Operations (‘‘DIO’’) has reason 

to believe that an applicant is not 

qualified to receive a license under the 

provisions of § 478.47, he may issue a 

notice of denial, on ATF Form 4498, to 

the applicant. The notice will set forth 

the matters of fact and law relied upon 

in determining that the application 

should be denied, and will afford the 

applicant 15 days from the date of 

receipt of the notice in which to request 

a hearing to review the denial. If no 

request for a hearing is filed within such 

time, the application will be 

disapproved and a copy, so marked, will 

be returned to the applicant. 

Under § 478.72, an applicant who has 

been denied an original or renewal 

license can file a request with the DIO 

for a hearing to review the denial of the 

application. On conclusion of the 

hearing and after consideration of all 

relevant facts and circumstances 

presented by the applicant or his 

representative, the DIO renders a 

decision confirming or reversing the 

denial of the application. If the decision 

is that the denial should stand, a 


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1876 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 

certified copy of the DIO’s findings and 

conclusions are furnished to the 

applicant with a final notice of denial, 

ATF Form 4501. In addition, a copy of 

the application, marked ‘‘Disapproved,’’ 

is furnished to the applicant. If the 

decision is that the license applied for 

should be issued, the applicant will be 

so notified, in writing, and the license 

will be issued. 

Section 478.73 provides that 

whenever the DIO has reason to believe 

that a firearms licensee has willfully 

violated any provision of the Act or part 

478, a notice of revocation of the license 

(ATF Form 4500), may be issued. In 

addition, a notice of revocation, 

suspension, or imposition of a civil fine 

may be issued on Form 4500 whenever 

the DIO has reason to believe that a 

licensee has knowingly transferred a 

firearm to an unlicensed person and 

knowingly failed to comply with the 

requirements of section 922(t)(1), 

relating to a NICS (National Instant 

Criminal Background Check System) 

background check. 

As specified in § 478.74, a licensee 

who received a notice of suspension or 

revocation of a license, or imposition of 

a civil fine, may file a request for a 

hearing with the DIO. On conclusion of 

the hearing and after consideration of all 

the relevant presentations made by the 

licensee or the licensee’s representative, 

the DIO renders a decision and prepares 

a brief summary of the findings and 

conclusions on which the decision was 

based. If the decision is that the license 

should be revoked or, in actions under 

section 922(t)(5), that the license should 

be revoked or suspended, and/or that a 

civil fine should be imposed, a certified 

copy of the summary is furnished to the 

licensee with the final notice of 

revocation, suspension, or imposition of 

a civil fine on ATF Form 4501. If the 

decision is that the license should not 

be revoked, or in actions under section 

922(t)(5), that the license should not be 

revoked or suspended, and a civil fine 

should not be imposed, the licensee will 

be notified in writing. 

Under § 478.76, an applicant or 

licensee may be represented by an 

attorney, certified public accountant, or 

other person recognized to practice 

before ATF, provided certain 

requirements are met. The DIO may be 

represented in proceedings by an 

attorney in the office of the Assistant 

Chief Counsel or Division Counsel who 

is authorized to execute and file 

motions, briefs and other papers in the 

proceeding, on behalf of the DIO, in his 

own name as ‘‘Attorney for the 

Government.’’ 

Section 478.78 provides that if a 

licensee is dissatisfied with a posthearing decision revoking or suspending 

the license or denying the application or 

imposing a civil fine, as the case may 

be, he may file a petition for judicial 

review of such action. In such case, 

when the DIO finds that justice so 

requires, he may postpone the effective 

date of suspension or revocation of a 

license or authorize continued 

operations under the expired license, as 

applicable, pending judicial review. 

II. Interim Rule 

As indicated above, at present ATF’s 

regulations name the DIO as the 

deciding official in matters dealing with 

the denial of an original or renewal 

firearms license, the suspension or 

revocation of a license, and the 

imposition of a civil fine. This interim 

rule amends the regulations to 

redesignate the Director as the deciding 

official. ATF believes that delegating the 

final authority with respect to those 

matters to the Director is necessary and 

proper. ATF further believes that the 

Director should be able to redelegate 

this authority to the DIO or any other 

agency official through issuance of a 

delegation order, not through regulation. 

This is consistent with other regulations 

in part 478. For example, § 478.144 

provides that the Director is the 

deciding authority with respect to 

applications for relief from firearms 

disabilities. Pursuant to ATF Order 

1120.4 (69 FR 55462, September 14, 

2004), the authority to make 

determinations on applications for relief 

from federal firearms disabilities was 

delegated to the Assistant Director 

(Enforcement Programs and Services). 

ATF believes that it is appropriate for 

the Director to have more flexibility to 

change the delegation of authority to 

decide a hearing regarding denial, 

suspension, or revocation of a federal 

firearms license, and a hearing regarding 

imposition of a civil fine, or to exercise 

that authority himself. Such flexibility 

will allow ATF to more efficiently 

decide revocation and denial hearings, 

because the Director can designate 

Headquarters officials, field officials, or 

some combination thereof, as the final 

agency decision maker. That flexibility 

will give the agency the ability to ensure 

consistency in decision making and to 

address any case backlogs that may 

occur. 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

A. Executive Order 12866 

The Attorney General has determined 

that this rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. This rule will not 

have an annual effect on the economy 

of $100 million, 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. 

This is a rule of agency organization, 

procedure, and practice. It merely 

redesignates the Director as the deciding 

official with respect to the denial, 

suspension, or revocation of a federal 

firearms license and the imposition of a 

civil fine. 

B. Executive Order 13132 

This regulation 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 this regulation will not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism summary impact statement. 

C. Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

D. Administrative Procedure Act (APA) 

Notice and comment rulemaking is 

not required for this interim final rule. 

Under the APA, ‘‘rules of agency 

organization, procedure or practice,’’ 5 

U.S.C. 553(b)(3)(A), that do not 

‘‘affect[ ] individual rights and 

obligations,’’ Morton v. Ruiz, 415 U.S. 

199, 232 (1974), are exempt from the 

general notice and comment 

requirements of section 553. See JEM 

Broadcasting Co. v. FCC, 22 F.3d 320, 

326 (D.C. Cir. 1994) (section 

553(b)(3)(A) applies to ‘‘agency actions 

that do not themselves alter the rights or 

interests of parties, although [they] may 

alter the manner in which the parties 

present themselves or their viewpoints 

to the agency’’). The revisions to the 

regulations in §§ 478.71–78 are purely 

matters of agency organization, 

procedure, and practice. The interim 

final rule will not affect substantive 

rights or interests of federal firearms 

licensees or applicants for federal 

firearms licensees. Nevertheless, ATF 

welcomes public comments on the 

interim final rule. 

Furthermore, there is good cause for 

finding that the interim final rule is 

exempt from the effective date 


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Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 1877 

limitation of section 553(d). The interim 

final rule will grant the Director more 

flexibility to change the delegation of 

authority to decide a hearing regarding 

denial, suspension, or revocation of a 

federal firearms license, and a hearing 

regarding imposition of a civil fine, or 

to exercise that authority himself. Such 

flexibility will allow ATF to more 

efficiently decide revocation and denial 

hearings, because the Director can 

designate Headquarters officials, field 

officials, or some combination thereof, 

as the final agency decision maker. This 

will enable the Director to ensure 

consistency in decision making and to 

address any case backlogs that may 

occur. 

There is no reason to defer these 

benefits for thirty days. The interim 

final rule will not alter the rights or 

obligations of third parties, although it 

may alter the manner in which those 

parties present themselves or their 

viewpoints to the agency. No matter 

how the Director delegates his authority 

to revoke or deny federal firearms 

licenses pursuant to 18 U.S.C. 923(e), 

persons who apply for or hold federal 

firearms licenses will still have a right 

to due process during the agency 

administrative proceeding, including a 

right to a hearing (18 U.S.C. 923(f)(2)), 

a right to a written notice from the 

agency specifying the grounds for denial 

or revocation (18 U.S.C. 923(f)(3)), and 

a right to judicial review (18 U.S.C. 

923(f)(3)). Therefore, there is good cause 

to make the interim final rule effective 

immediately. 

E. 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). As noted 

above, this rule is not subject to notice 

and comment rulemaking requirements. 

Id. 553(b)(A). This is a rule of agency 

organization, procedure, and practice. It 

merely delegates to the Director the 

authority to make decisions with respect 

to the denial, suspension, imposition of 

a civil fine, or revocation of federal 

firearms licenses. 

F. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This 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 

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. 

G. Unfunded Mandates Reform Act of 

1995 

This 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. 

H. Paperwork Reduction Act 

This 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 

interim final rule from all interested 

persons. ATF is also specifically 

requesting comments on the clarity of 

this interim final rule and how it may 

be made easier to understand. 

All comments must reference this 

document docket number (ATF 27P), 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 President’s 

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 

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 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; 

(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 e-Rulemaking Portal: To 

submit comments to ATF via the 

Federal e-rulemaking 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 interim 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. 


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1878 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Rules and Regulations 

Drafting Information 

The author of this document is James 

P. Ficaretta; 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, Penalties, 

Reporting requirements, Research, 

Seizures and forfeitures, and 

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 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). 

§ 478.71 [Amended] 

■ 2. Section 478.71 is amended by 

removing ‘‘of Industry Operations’’ in 

the first sentence. 

§ 478.72 [Amended] 

■ 3. Section 478.72 is amended by 

removing ‘‘of Industry Operations’’ in 

the fifth sentence and by removing 

‘‘Director of Industry Operations’’ in the 

sixth sentence and adding in its place 

‘‘Director’s’’. 

§ 478.73 [Amended] 

■ 4. Section 478.73 is amended by 

removing ‘‘of Industry Operations’’ 

wherever it appears. 

§ 478.74 [Amended] 

■ 5. Section 478.74 is amended by 

removing ‘‘of Industry Operations’’ in 

the fourth sentence. 

§ 478.76 [Amended] 

■ 6. Section 478.76 is amended by 

removing ‘‘of Industry Operations’’ 

wherever it appears. 

§ 478.78 [Amended] 

■ 7. Section 478.78 is amended by 

removing ‘‘of Industry Operations’’ in 

the last sentence. 

Dated: January 7, 2009. 

Michael B. Mukasey, 

Attorney General. 

[FR Doc. E9–527 Filed 1–13–09; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 555 

[Docket No. ATF 10F; AG Order No. 3032– 

2009] 

RIN 1140–AA24 

Commerce in Explosives—Amended 

Definition of ‘‘Propellant Actuated 

Device’’ (2004R–3P) 

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 clarify that the 

term ‘‘propellant actuated device’’ does 

not include hobby rocket motors or 

rocket-motor reload kits consisting of or 

containing ammonium perchlorate 

composite propellant (‘‘APCP’’), black 

powder, or other similar low explosives. 

DATES: This rule is effective February 

13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

James P. Ficaretta; 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: 202–648–7094. 

SUPPLEMENTARY INFORMATION: 

I. Background 

ATF is responsible for implementing 

Title XI of the Organized Crime Control 

Act of 1970 (codified at 18 U.S.C. ch. 

40) (‘‘Title XI’’). One of the stated 

purposes of that Act is to reduce the 

hazards to persons and property arising 

from misuse and unsafe or insecure 

storage of explosive materials. Under 

section 847 of title 18, United States 

Code, the Attorney General ‘‘may 

prescribe such rules and regulations as 

he deems reasonably necessary to carry 

out the provisions of this chapter.’’ 

Regulations that implement the 

provisions of chapter 40 are contained 

in 27 CFR part 555 (‘‘Commerce in 

Explosives’’). 

Section 841(d) of title 18, United 

States Code, sets forth the definition of 

‘‘explosives.’’ ‘‘Propellant actuated 

devices,’’ along with gasoline, 

fertilizers, and propellant actuated 

industrial tools manufactured, 

imported, or distributed for their 

intended purposes, are exempted from 

this statutory definition by 27 CFR 

555.141(a)(8). 

When Title XI was enacted by 

Congress in 1970, the Judiciary 

Committee of the United States House of 

Representatives specifically considered 

and supported an exception for 

propellant actuated devices. H.R. Rep. 

No. 91–1549, at 64 (1970), as reprinted 

in 1970 U.S.C.C.A.N. 4007, 4041. 

Neither the statute nor the legislative 

history defines ‘‘propellant actuated 

device.’’ In 1981, however, ATF added 

the following definition of ‘‘propellant 

actuated device’’ to its regulations: 

‘‘[a]ny tool or special mechanized 

device or gas generator system which is 

actuated by a propellant or which 

releases and directs work through a 

propellant charge.’’ 27 CFR 555.11. 

In applying the regulatory definition, 

ATF has classified certain products as 

propellant actuated devices. These 

products include aircraft slide inflation 

cartridges, inflatable automobile 

occupant restraint systems, nail guns, 

and diesel and jet engine starter 

cartridges. 

II. Notice of Proposed Rulemaking 

(‘‘NPRM’’) 

On August 11, 2006, the Department 

published in the Federal Register a 

notice proposing to amend the 

regulations of the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives to 

clarify that the term ‘‘propellant 

actuated device’’ does not include 

hobby rocket motors or rocket-motor 

reload kits consisting of or containing 

ammonium perchlorate composite 

propellant, black powder, or other 

similar low explosives. See Commerce 

in Explosives—Amended Definition of 

‘‘Propellant Actuated Device,’’ 71 FR 

46174 (Aug. 11, 2006) (‘‘Notice No. 

9P’’). ATF engaged in rulemaking with 

regard to this issue because on March 

19, 2004, the United States District 

Court for the District of Columbia found 

that ATF has in the past advanced 

inconsistent positions regarding the 

application of the propellant actuated 

device exemption to hobby rocket 

motors. ATF issued two related letters 

in 1994 that could be interpreted as 

taking the position that a fully 

assembled rocket motor would be 

considered a propellant actuated device 

if the rocket motor contained no more 

than 62.5 grams (2.2 ounces) of 

propellant material and produced less 

than 80 newton-seconds (17.92 pound 

seconds) of total impulse with thrust 

duration not less than 0.050 second. 

Prior to assembly, the letters observed, 

the propellant, irrespective of the 

quantity, would not be exempt as a 

propellant actuated device. 

The 1994 letters are confusing in that 

they can be interpreted to intertwine the 


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