[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Proposed Rules]
[Pages 26764-26767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10382]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 478 and 479
[Docket No. ATF 29P]
RIN 1140-AA33
Identification Markings Placed on Firearm Silencers and Firearm
Mufflers
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Department of Justice is considering amending the
regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF) to require licensed manufacturers, licensed importers, and
nonlicensed makers to place identification markings on the outer tube
of firearm silencers and firearm mufflers. The Department wishes to
gather information and comments from the public and industry concerning
whether or not the regulations should be amended.
DATES: Written comments must be postmarked and electronic comments must
be submitted on or before August 2, 2016. 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
29P), by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 648-9741.
Mail: Shermaine Kenner, Mailstop 6N-518, Office of
Regulatory Affairs, Enforcement Programs and Services, Bureau of
Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue NE.,
Washington, DC 20226: ATTN: ATF29P.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to the Federal eRulemaking portal, http://www.regulations.gov, including any personal information provided. 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: Shermaine Kenner, Office of Regulatory
Affairs, 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) 648-7070.
SUPPLEMENTARY INFORMATION:
I. Background
Section 923(i) of the Gun Control Act of 1968 (GCA), as amended (18
U.S.C. chapter 44), requires licensed importers and licensed
manufacturers to identify, by means of a serial number, each firearm
imported or manufactured by such importer or manufacturer. The serial
number must be engraved or cast on the receiver or frame of the weapon
in such manner as the Attorney General prescribes by regulation. As
defined in section 921(a)(3) of the GCA, the term ``firearm'' includes
any firearm muffler or firearm silencer. The terms ``firearm silencer''
and ``firearm muffler'' are also defined in section 921(a)(24), as
follows:
[A]ny device for silencing, muffling, or diminishing the report
of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a
firearm silencer or firearm muffler, and any part intended only for
use in such assembly or fabrication.
With respect to certain firearms subject to the National Firearms
Act (NFA) (26 U.S.C. chapter 53) (e.g., machine guns, any silencer (as
defined in section 921(a)(24) of the GCA)), 26 U.S.C. 5842(a) requires
each manufacturer and importer and anyone making a firearm to identify
by a serial number each firearm manufactured, imported, or made. The
serial number may not be readily removed, obliterated, or altered.
Section 5842(a) also requires the firearm to be identified by the name
of the manufacturer, importer, or maker, and such other identification
as the Attorney General may prescribe by regulation.
[[Page 26765]]
Regulations that implement 18 U.S.C. 923(i) are set forth in 27 CFR
478.92. In general, Sec. 478.92(a)(1)(i) requires licensed
manufacturers and licensed importers of firearms to legibly identify
each firearm manufactured or imported by engraving, casting, stamping
(impressing), or otherwise conspicuously placing on the frame or
receiver an individual serial number. The serial number must be placed
in a manner not susceptible of being readily obliterated, altered, or
removed and must not duplicate any serial number placed by a licensed
importer or manufacturer on any other firearm. For firearms
manufactured or imported on and after January 30, 2002, the engraving,
casting, or stamping (impressing) of the serial number must be to a
minimum depth of .003 inch and in a print size no smaller than \1/16\
inch.
In addition, Sec. 478.92(a)(1)(ii) requires licensed manufacturers
and licensed importers to conspicuously place additional identification
markings on the frame, receiver, or barrel of each firearm imported or
manufactured in a manner not susceptible of being readily obliterated,
altered, or removed. For firearms manufactured or imported on and after
January 30, 2002, the engraving, casting, or stamping (impressing) of
this information must be to a minimum depth of .003 inch. The
additional information includes:
1. The model, if such designation has been made;
2. The caliber or gauge;
3. The name of the licensed manufacturer or licensed importer (or
recognized abbreviation) and, when applicable, the name of the foreign
manufacturer;
4. In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where the licensed manufacturer
maintains his place of business; and
5. In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where the licensed importer maintains his place
of business.
The same marking requirements apply to manufacturers, importers or
makers of NFA firearms pursuant to 27 CFR 479.102(a).
The current regulations do not specify the placement of required
identification markings on firearm silencers and firearm mufflers.
However, ATF has provided the industry with some guidance on this
issue. In its ``Frequently Asked Questions--Silencers,'' dated April
17, 2008, ATF stated the following:
The silencer must be marked in accordance with 27 CFR 478.92 and
479.102. The regulations require that the markings be conspicuous
and legible, meaning that the markings may be placed on any external
part, such as the outer tube or end cap. ATF strongly recommends
that manufacturers place all required markings on the outer tube of
the silencer, as this is the accepted industry standard. Moreover,
this practice eliminates the need to remark in the event an end cap
bearing the markings is damaged and requires replacement.
II. National Firearms Act Trade and Collectors Association Petition
On April 27, 2008, ATF received a petition filed on behalf of the
National Firearms Act Trade and Collectors Association (NFATCA). NFATCA
is a trade group representing the firearms and import community. Some
of its members primarily manufacture, transport, and possess silencers
for lawful use.
Although in its April 2008 guidance ATF recommended that
manufacturers place all required markings on the outer tube of the
silencer, it stated that the required markings could also be placed on
any external part of the silencer, including the end cap, provided the
required markings are conspicuous and legible. According to the
petitioner, the industry's response to ATF's guidance was not
favorable:
There has been an overwhelmingly negative response from the
members of our trade to this particular guidance . . . there is
strong policy agreement between ATF and our trade that only the
silencer [outer] tube should be marked in accordance with the
marking requirements of Parts 478 and 479 of Title 27 of the Code of
Federal Regulations. . . . Allowing end caps to be the possible
marking location for silencers does constitute a serious public
safety issue in the areas of diversion, tracing, and evasion of
other NFA rules.
In addition, the petitioner stated that ``[w]e have also been
further advised that the Bureau does not see how they would be able to
take any adverse legal action against a person or entity that should
decide to mark the end caps of a silencer without promulgating a change
in the regulations.''
Accordingly, the petitioner requested that the relevant regulations
be amended to require that a silencer be marked on the outer tube (as
opposed to other locations), unless a variance is granted by the
Director on a case-by-case basis for good cause. ATF finds that the
petitioner has raised valid concerns and it believes that an amendment
of the regulations is warranted. Therefore, based upon the statutory
language and the facts as outlined below, ATF seeks to address the
marking requirements of silencers to ensure that the serial numbers are
placed on the part of the silencer that is least likely to be destroyed
or removed, and therefore most likely to ensure that law enforcement
are able to identify and trace a particular firearm silencer or firearm
muffler.
III. Discussion
ATF is requesting information from industry members, trade
associations, consumers, and all other interested parties to determine
whether to require placement of identification markings on the outer
tube of firearm silencers and firearm mufflers. Along with industry
members, ATF considers the term ``outer tube'' to mean the largest
external part of a silencer and is that portion of a silencer which
encapsulates all components of the silencing unit and which contains
and controls the expansion of the escaping gases.
As indicated, placing all required markings on the outer tube of a
completed firearm silencer or firearm muffler is the accepted industry
standard. In addition, requiring identification markings to be placed
on a single part provides consistency of markings throughout the
industry and eliminates the need to remark a device in the event an end
cap bearing the markings is damaged and requires replacement. If a
silencer is not aligned with the barrel, the end cap might be damaged
when a projectile passes through it. Outer tubes are rarely damaged in
this way. Such damage often requires replacement of the end cap.
Further, end caps are often removable so that processors may access the
internal components within the silencer. Permitting serialization of a
removable and fungible component may facilitate trafficking or illegal
transfer of silencers by permitting registrants to use the serialized
end cap of a registered silencer with an otherwise unregistered
silencer.
Although ATF is soliciting comments on the following specific
questions, it is also requesting any relevant information on the
subject.
1. What percentage of manufacturers mark the end cap? If an outer
tube is present, why do manufacturers mark the end cap instead of the
outer tube of the silencer?
2. If there is an additional cost (fixed or variable) between
marking the end cap instead of the outer tube, how would ATF estimate
such costs across the entire industry?
3. Are there other parts or locations where the markings may be
placed and still meet the requirements? If so, where?
[[Page 26766]]
4. Are there silencer designs for a completed device for which
marking the outer tube would be impossible? If so, what are those
designs?
5. When there are multiple outer tubes that make up one complete
device, how should they be marked?
IV. Statutory and Executive Order Review
This advance notice of proposed rulemaking (ANPRM) has been drafted
and reviewed in accordance with Executive Order 12866, ``Regulatory
Planning and Review,'' section 1(b), The Principles of Regulation, and
in accordance with Executive Order 13563, ``Improving Regulation and
Regulatory Review,'' section 1(b), General Principles of Regulation.
The Department of Justice has determined that this ANPRM is a
``significant regulatory action'' under Executive Order 12866, section
3(f), and accordingly this ANPRM has been reviewed by the Office of
Management and Budget. However, this action does not propose or impose
any requirements. The ANPRM is being published to seek information from
the public about the feasibility of marking silencer tubes.
Furthermore, the requirements of section 603 of the Regulatory
Flexibility Act do not apply to this action because, at this stage, it
is an ANPRM and not a ``rule'' as defined in section 601 of the
Regulatory Flexibility Act. Following review of the comments received
in response to this ANPRM, if ATF promulgates a notice or notices of
proposed rulemaking regarding this matter, ATF will conduct all
analyses required by the Regulatory Flexibility Act, Executive Order
12866, and any other statutes or Executive Orders relevant to those
rules and in effect at the time of promulgation.
Public Participation
A. Comments Sought
ATF requests comments on this ANPRM from all interested persons.
ATF specifically requests comments on the clarity of this ANPRM and how
easy it is to understand. Additional comments are sought on the costs
or benefits of the proposal in this ANPRM and on the appropriate
methodology and data for calculating those costs and benefits.
All comments must reference the docket number (ATF 29P), be
legible, and include the commenter's complete first and last name and
full mailing address. ATF will not consider, or respond to, comments
that do not meet these requirements or comments containing profanity.
In addition, if ATF cannot read your comment due to technical
difficulties and cannot contact you for clarification, ATF may not be
able to consider your comment.
ATF will carefully consider all comments, as appropriate, received
on or before the closing date, and will give comments received after
that date 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.
ATF will not acknowledge receipt of comments.
B. Confidentiality
ATF will make all comments meeting the requirements of this section
available for public viewing at ATF and on the Internet as part of the
eRulemaking initiative, and subject to the Freedom of Information Act.
ATF will not redact personal identifying information that appears
within the comment and it will appear on the Internet.
The commenter should not include material that is considered
confidential or inappropriate for disclosure to the public. Any person
submitting a comment containing confidential material shall
specifically designate that portion of the comment that contains
material that is confidential under law (e.g., trade secrets,
processes). The commenter shall place any portion of a comment that is
confidential under law on pages separate from the balance of the
comment with each page prominently marked ``confidential'' at the top
of the page.
Confidential information will be included in the rulemaking
administrative 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, a commenter's full first and
last name and complete mailing address are not exempt from disclosure.
C. Submitting Comments
Submit comments in any of three ways (but do not submit the same
comments multiple times or by more than one method).
Federal eRulemaking Portal: We strongly recommend that you
submit your comments to ATF via the Federal eRulemaking portal. Visit
http://www.regulations.gov and follow the instructions for submitting
comments. Comments will be posted within a few days of being submitted.
However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments must appear in
minimum 12 point font size (.17 inches), include the commenter's
complete first and last name and full mailing address, be signed, and
may be of any length.
Facsimile: Submit comments by facsimile transmission to
(202) 648-9741. Faxed comments must:
(1) Be legible and appear in minimum 12-point font size (.17
inches);
(2) Be on 8\1/2\'' x 11'' paper;
(3) Be signed and contain the commenter's complete first and last
name and full mailing address; and
(4) Be no more than five pages long.
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 the petition, this advance notice, and the comments
received will be available at http://www.regulations.gov (search for
Docket No. ATF 29P) and 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) 648-8740.
Drafting Information
The author of this document is Shermaine Kenner, Office of
Regulatory Affairs, Enforcement Programs and Service; Bureau of
Alcohol, Tobacco, Firearms, and Explosives.
List of Subjects
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,
Transportation.
27 CFR Part 479
Administrative practice and procedure, Arms and munitions, Customs
duties and inspection, Excise taxes, Exports, Imports, Military
[[Page 26767]]
personnel, Penalties, Reporting and recordkeeping requirements,
Seizures and forfeitures, Transportation.
Authority and Issuance
This notice is issued under the authority of 5 U.S.C. 552(a); 18
U.S.C. 847, 921-931; and 44 U.S.C. 3504(h).
Dated: April 28, 2016.
Thomas E. Brandon,
Deputy Director.
[FR Doc. 2016-10382 Filed 5-3-16; 8:45 am]
BILLING CODE 4410-FY-P