Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17445

(c) * * *

(3) * * *

Cuba

Democratic Kampuchea (formerly

Cambodia)

North Korea

Vietnam

* * * * *

5. The authority citation for subpart F

of part 404 continues to read as follows:

Authority: Secs. 204(a)–(d), 205(a), and

1102 of the Social Security Act; 31 U.S.C.

3720A; 42 U.S.C. 404(a)–(d), 405(a), and

1302.

6. Section 404.503 is amended by

revising paragraphs (b)(3) and (b)(6) to

read as follows:

§ 404.503 Underpayments.

* * * * *

(b) * * *

(3) The parent or parents of the

deceased individual, entitled to a

monthly benefit on the basis of the same

earnings record as was the deceased

individual for the month in which such

individual died (if more than one such

parent, in equal shares to each such

parent). For this purpose, the definition

of ‘‘parent’’ in § 404.374 includes the

parent(s) of any deceased individual

who was entitled to benefits under title

II of the Act.

* * * * *

(6) The parent or parents of the

deceased individual, who do not qualify

under paragraph (b)(3) of this section (if

more than one such parent, in equal

shares to each such parent). For this

purpose, the definition of ‘‘parent’’ in

§ 404.374 includes the parent(s) of any

deceased individual who was entitled to

benefits under title II of the Act.

* * * * *

7. Section 404.510 is amended by

revising paragraph (l) to read as follows:

§ 404.510 When an individual is ‘‘without

fault’’ in a deduction overpayment.

* * * * *

(l) Reasonable belief, with respect to

earnings activity for months after

December 1982, that net earnings from

self-employment after attainment of age

70 (age 72 for months after December

1972 and before January 1983) in the

taxable year in which such age was

attained would not cause deductions

(see § 404.430(a)) with respect to

benefits payable for months in that

taxable year prior to the attainment of

such age.

* * * * *

[FR Doc. 95–8399 Filed 4–5–95; 8:45 am]

BILLING CODE 4190–29–M

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Community Planning and

Development

24 CFR Part 570

[Docket No. R–95–1729; FR–3474–F–03]

RIN 2506–AB53

Community Development Block Grant

Program Economic Development

Guidelines; Final Rule and Guidelines;

Technical Amendments

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Final rule and guidelines;

technical amendments.

SUMMARY: The Department published in

the Federal Register, a final rule and

guidelines that established guidelines to

assist Community Development Block

Grant (CDBG) recipients in evaluating

and selecting economic development

activities for assistance with CDBG

funds. The purpose of this document is

to make certain clarifying technical

amendments to that final rule.

EFFECTIVE DATE: February 6, 1995.

FOR FURTHER INFORMATION CONTACT:

James R. Broughman, Director, Office of

Block Grant Assistance, Room 7286, 451

Seventh Street, SW., Washington, DC

20410. Telephone: (202) 708–3587;

TDD: (202) 708–2565. (These are not

toll-free numbers).

SUPPLEMENTARY INFORMATION:

List of Subjects in 24 CFR Part 570

Administrative practice and

procedure, American Samoa,

Community development block grants,

Grant programs—education, Grant

programs—housing and community

development, Guam, Indians, Lead

poisoning, Loan programs—housing and

community development, Low and

moderate income housing, New

communities, Northern Mariana Islands,

Pacific Islands Trust Territory, Pockets

of poverty, Puerto Rico, Reporting and

recordkeeping requirements, Small

cities, Student aid, Virgin Islands.

Accordingly, 24 CFR part 570 is

amended as follows:

PART 570—COMMUNITY

DEVELOPMENT BLOCK GRANTS

1. The authority citation for 24 CFR

part 570 continues to read as follows:

Authority: 42 U.S.C. 3535(d) and 5300–

5320.

§ 570.200 [Amended]

2. In § 570.200, paragraph (f)(2) is

amended by removing the word

‘‘subrecipients’’, and by adding in its

place the word ‘‘entities’’.

3. Section 570.208 is amended by

revising paragraph (a)(1)(v), to read as

follows:

§ 570.208 Criteria for national objectives.

(a) * * *

(1) * * *

(v) Activities meeting the

requirements of paragraph (d)(5)(i) of

this section may be considered to

qualify under this paragraph, provided

that the area covered by the strategy is

either a Federally-designated

Empowerment Zone or Enterprise

Community or primarily residential and

contains a percentage of low- and

moderate-income residents that is no

less than the percentage computed by

HUD pursuant to paragraph (a)(1)(ii) of

this section or 70 percent, whichever is

less, but in no event less than 51

percent. Activities meeting the

requirements of paragraph (d)(6)(i) of

this section may also be considered to

qualify under paragraph (a)(1) of this

section.

* * * * *

§ 570.208 [Amended]

4. In § 570.208, paragraph (a)(4)(vi)(B)

is amended by removing the phrase ‘‘a

subrecipient’’, and by adding in its

place the phrase ‘‘an entity’’.

5. In § 570.208, paragraph

(a)(4)(vi)(F)(2) is amended by removing

the cross-reference to ‘‘paragraph

(a)(4)(v)(C)(1) of this section’’, and by

adding in its place the cross-reference to

‘‘paragraph (a)(4)(vi)(F)(1) of this

section’’.

§ 570.209 [Amended]

6. In § 570.209, paragraph (b)

introductory text is amended by

removing the cross-reference to

‘‘§ 570.208(a)(4)(vi)(D)(2)’’, and by

adding in its place the cross-reference to

‘‘§ 570.208(a)(4)(vi)(F)(2)’’.

§ 570.483 [Amended]

7. In § 570.483, paragraph (b)(4)(vi)(B)

is amended by removing the phrase ‘‘a

subrecipient’’, and by adding in its

place the phrase ‘‘an entity’’.

8. In § 570.483, paragraph

(b)(4)(vi)(F)(2) is amended by removing

the cross-reference to ‘‘paragraph

(b)(4)(iii)(C)(1) of this section’’, and by

adding in its place the cross-reference to

‘‘paragraph (b)(4)(vi)(F)(1) of this

section’’.

9. Section 570.500 is amended by:

a. Amending paragraph (a)(4)(ii) by

removing the period from the end of the
17446 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

fourth sentence that begins with

‘‘Amounts generated by activities

financed with loans’’, and by adding in

its place a comma and a phrase to the

end of the fourth sentence; and

b. Amending paragraph (c) by

removing the period from the end of the

second sentence that begins with ‘‘The

term excludes’’, and by adding in its

place a comma and a phrase to the end

of the second sentence, to read as

follows:

§ 570.500 Definitions.

(a) * * *

(4) * * *

(ii) * * * , except that the use of such

funds shall be limited to activities that

are located in a revitalization strategy

area and implement a HUD approved

area revitalization strategy pursuant to

§ 91.215(e) of this title. * * *

* * * * *

(c) * * * , unless the grantee

explicitly designates it as a subrecipient.

* * *

Dated: March 30, 1995.

Andrew M. Cuomo,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 95–8439 Filed 4–5–95; 8:45 am]

BILLING CODE 4210–29–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 55, 72, 178, and 179

[T.D. ATF–363; 94F–022P]

RIN 1512–AB35

Implementation of Public Law 103–322,

the Violent Crime Control and Law

Enforcement Act of 1994

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Temporary rule (Treasury

decision).

SUMMARY: This temporary rule

implements the provisions of Public

Law 103–322, the Violent Crime Control

and Law Enforcement Act of 1994.

These regulations implement the law by

restricting the manufacture, transfer,

and possession of certain semiautomatic

assault weapons and large capacity

ammunition feeding devices.

Regulations are also prescribed with

regard to reports of theft or loss of

firearms from a licensee’s inventory or

collection, new requirements for Federal

firearms licensing, responses by

firearms licensees to requests for gun

trace information, and possession of

firearms by persons subject to

restraining orders. The temporary rule

will remain in effect until superseded

by final regulations.

In the Proposed Rules section of this

Federal Register, ATF is also issuing a

notice of proposed rulemaking inviting

comments on the temporary rule for a

90-day period following the publication

date of this temporary rule.

EFFECTIVE DATES: The temporary

regulations are effective on April 6,

1995, except for the provisions in

§ 178.92 (a)(2), (c)(i)(ii)(B) and (c)(i)(iii),

which will be effective on July 5, 1995.

ADDRESSES: Send written comments to:

Chief, Regulations Branch; Bureau of

Alcohol, Tobacco and Firearms;

Washington, DC 20091–0221.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Branch,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue

NW., Washington, DC 20226 (202–927–

8230).

SUPPLEMENTARY INFORMATION:

Background

On September 13, 1994, Public Law

103–322 (108 Stat. 1796) was enacted,

amending the Gun Control Act of 1968

(GCA), as amended (18 U.S.C. Chapter

44), and Title XI of the Organized Crime

Control Act of 1970, as amended (18

U.S.C. Chapter 40). The provisions of

Public Law 103–322, the Violent Crime

Control and Law Enforcement Act of

1994 (hereafter, ‘‘the Act’’), became

effective upon the date of enactment.

Some of the new statutory provisions

and the regulation changes necessitated

by the law are as follows:

(1) Restriction on Manufacture,

Transfer, and Possession of Certain

Semiautomatic Assault Weapons. This

amendment to the GCA prohibits the

manufacture, transfer, and possession of

semiautomatic assault weapons, with

certain exceptions. The amendment

bans 19 weapons by name, as well as

any copies or duplicates of such

firearms, and semiautomatic rifles,

semiautomatic pistols, and

semiautomatic shotguns which have 2

or more of the features specified in the

law. The amendment ‘‘grandfathers’’ all

semiautomatic assault weapons lawfully

possessed on the date of enactment, i.e.,

September 13, 1994. Thus,

semiautomatic assault weapons held in

inventory by Federal firearms licensees

(FFLs) on that date can continue to be

possessed and transferred. Nonlicensed

individuals in lawful possession of such

weapons on the date of enactment may

also continue to possess and transfer the

weapons in accordance with applicable

Federal and State law. The law also

requires that the serial number of any

semiautomatic assault weapon

manufactured after September 13, 1994,

clearly show that the weapon was

manufactured after that date.

Rather than requiring manufacturers

and importers to specify the actual date

that such weapons were made, the

temporary regulations provide that

semiautomatic assault weapons

manufactured after September 13, 1994,

must be marked ‘‘RESTRICTED LAW

ENFORCEMENT/GOVERNMENT USE

ONLY.’’ This marking clearly provides

notice that these weapons may only be

lawfully possessed by government

agencies and law enforcement

personnel. As with other firearms,

variances from the marking

requirements may be requested. The

Director may authorize other means of

identification of the licensed

manufacturer or importer upon receipt

of a letter application, in duplicate,

showing that such other identification is

reasonable and will not hinder the

effective administration of the

regulations.

The temporary regulations permit

manufacturers and dealers in

semiautomatic assault weapons to

stockpile such weapons for future sales

to law enforcement agencies and law

enforcement officers. Manufacturers of

semiautomatic assault weapons,

manufactured after September 13, 1994,

will be permitted to transfer such

weapons to any FFL upon obtaining

evidence that the weapons will only be

disposed of to law enforcement agencies

and law enforcement officers. Examples

of acceptable evidence are provided in

the regulations. In the case of

semiautomatic assault weapons

imported after September 13, 1994, the

existing controls on the importation of

nonsporting weapons would continue to

be imposed on importers of

semiautomatic assault weapons. Thus,

applications to import such weapons

would be approved only if the importer

submits a purchase order from a

governmental entity.

The regulations will permit licensed

dealers to possess semiautomatic assault

weapons for sale to law enforcement

agencies and law enforcement officers

for official use. Dealers must retain

evidence that their inventory of

weapons is for sale to law enforcement

agencies and law enforcement officers.

Dealers are required to retain records of

disposition indicating that the weapons

were sold only to law enforcement

agencies and law enforcement officers.

When any licensed manufacturer,

importer, or dealer transfers a

semiautomatic assault weapon to a law