DEPARTMENT OF THE TREASURY 27 CFR Part 178 [Notice No. 789 ] RIN: 1512-AB23 Implementation of Public Law 103-159, Including the Brady Handgun Violence Prevention Act (93F-057P) AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of the Treasury. ACTION: Proposed rulemaking cross referenced to temporary regulations. SUMMARY: In the Rules and Regulations portion of this Federal Register, the Bureau of Alcohol, Tobacco and Firearms (ATF) is issuing temporary regulations regarding the implementation of Public Law 103-159, 107 Stat. 1536, including the Brady Handgun Violence Prevention Act, enacted November 30, 1993. These regulations implement the law by imposing a 5-day waiting period before a Federally licensed firearms importer, manufacturer, or dealer may lawfully transfer a handgun to a nonlicensed individual. Regulations are also prescribed with regard to reporting requirements for multiple handgun sales, labeling of packages containing a firearm, theft of firearms from firearms licensees, and increased license fees for dealers in firearms. The temporary regulations also serve as the text of this notice of proposed rulemaking for final regulations. - 2 - DATE: Written comments must be received on or before (90 days from the date of publication in Federal Register). ADDRESS: Send written comments to: Chief, Revenue Programs Division; Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221; Washington, DC 20091-0221; ATTN: Notice No. 789 . FOR FURTHER INFORMATION CONTACT: Firearms and Explosives Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8300). SUPPLEMENTARY INFORMATION: Executive Order 12866 It has been determined that this proposed regulation is not a significant regulatory action as defined by Executive Order 12866, because the economic effects flow directly from the underlying statute and not from this notice of proposed rulemaking. Accordingly, this proposal is not subject to the analysis required by this Executive order. 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. The revenue effects of this rulemaking on small businesses flow directly from - 3 - 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 has been submitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 3504(h)). Comments on the collection of information should be sent to the Office of Management and Budget, Paperwork Reduction Project 1512-0520, Washington, D.C., 20503, with copies to the Chief, Information Programs Branch, Room 3110, Bureau of Alcohol, Tobacco, and Firearms, 650 Massachusetts Avenue, NW, Washington, DC 20226. The collection of information in this proposed regulation is in section 27 CFR 178.130. This information is required by the Bureau of Alcohol, Tobacco and Firearms to comply with the provisions of Pub. L. 103-159. This information will be used to prevent the purchase of handguns by convicted felons and other persons who are prohibited by law from receiving or possessing firearms, which is the purpose of Pub. L. 103-159. The likely respondents and recordkeepers are individuals and small businesses. Estimated total annual reporting - 4 - and recordkeeping burden: 516,750 hours. Estimated number of respondents and recordkeepers: 8,213,450. Estimated annual frequency of responses: on occasion. 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 submit his or her request, in writing, to 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 - 5 - the text of the temporary regulations, see T.D. ATF- 354 published in the Rules and Regulations section of this issue of the Federal Register. Drafting Information The author of this document is James P. Ficaretta, Revenue Programs Division, Bureau of Alcohol, Tobacco and Firearms. Signed: January 21, 1994 (Signed) Daniel R. Black Acting Director Approved: January 27, 1994 (Signed) John P. Simpson Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement)