ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 178

[Notice No. 862]
RIN 1512-AB64

 
Implementation of Pub. L. 104-208,the Omnibus Consolidated 
Appropriations Act of 1997 (96R-034P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Proposed rulemaking cross-referenced to temporary regulations.

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SUMMARY: In the Rules and Regulations portion of the Federal Register, 
the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary 
regulations regarding the implementation of Public Law 104-208, the 
Omnibus Consolidated Appropriations Act of 1997, enacted September 30, 
1996. These regulations implement the law by adding to the list of 
prohibited persons anyone convicted of a ``misdemeanor crime of 
domestic violence'' and by adding the provision that employees of 
government agencies convicted of such misdemeanors may not lawfully 
possess or receive firearms and ammunition. In conjunction with the new 
prohibited person category, regulations are also prescribed to require 
purchasers of handguns to state on the Brady Form, ATF Form 5300.35, 
that they have not been convicted of a misdemeanor crime of domestic 
violence.
    In addition, the temporary rule implements the amendment to the Gun 
Control Act allowing Federal firearms licensees to engage in the 
business of dealing in curio or relic firearms with another licensee 
away from their licensed premises. The temporary regulations also serve 
as the text of this

[[Page 35552]]

notice of proposed rulemaking for final regulations.

DATES: Written comments must be received on or before September 28, 
1998.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 
20091-0221, Attn: Notice No.

FOR FURTHER INFORMATION CONTACT: Barry Fields, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Ave., NW, 
Washington, DC 20226 (202-927-8210).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined in E.O. 12866, because the economic 
effects flow directly from the underlying statute and not from this 
temporary rule. Therefore, a regulatory assessment is not required.

Regulatory Flexibility Act

    It is hereby certified that these proposed regulations will not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, a regulatory flexibility analysis is not 
required. The revenue effects of this rulemaking on small businesses 
flow directly from the underlying statute. Likewise, any secondary or 
incidental effects, and any reporting, recordkeeping, or other 
compliance burdens flow directly from the statute.

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)). Comments on the collection of information should be 
sent to the Office of Management and Budget, Attention: Desk Officer 
for the Department of the Treasury, Bureau of Alcohol, Tobacco and 
Firearms, Office of Information and Regulatory Affairs, Washington, DC 
20503, with copies to the Chief, Information Programs Branch, Room 
3450, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW, Washington, DC 20226. Comments are specifically requested 
concerning:
    Whether the proposed collection of information is necessary for the 
proper performance of the functions of the Bureau of Alcohol, Tobacco 
and Firearms, including whether the information will have practical 
utility;
    The accuracy of the estimated burden associated with the proposed 
collection of information (see below);
    How the quality, utility, and clarity of the information to be 
collected may be enhanced; and
    How the burden of complying with the proposed collection of 
information may be minimized, including through the application of 
automated collection techniques or other forms of information 
technology.
    The collection of information in this proposed regulation is in 27 
CFR 178.130(a)(1) and 178.134. This information is required to prevent 
the purchase of handguns by persons convicted of a misdemeanor crime of 
domestic violence. The likely respondents are individuals.
    Estimated total annual reporting burden per respondent: .1 hours. 
Estimated number of respondents: 8,000,000.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by the Office of Management and Budget.

Public Participation

    ATF requests comments on the temporary regulations from all 
interested persons. 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.
    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comment. The name of the 
person submitting a comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should suhmit his or her request in writing, to the 
the Director 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.
    The temporary regulations in this issue of the Federal Register 
amend the regulations in 27 CFR part 178. For the text of the temporary 
regulations, see T.D. ATF--published in the Rules and Regulations 
section of this issue of the Federal Register.
    Drafting Information: The author of this document is Barry Fields, 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms.

    Signed: February 18, 1998.
John W. Magaw,
Director.

    Approved: April 24, 1998.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 98-17287 Filed 6-29-98; 8:45 am]
BILLING CODE 4810-31-P