1.

Notifying Member: United States of America

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice [1768]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Inquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Firearms equipped with stabilizing braces; Revolvers and pistols (excl. those of heading 9303 or 9304 and sub-machine guns for military purposes) (HS 9302); Parts and accessories for weapons and the like of heading 9301 to 9304, n.e.s (HS 9305); Domestic safety (ICS 13.120), MILITARY ENGINEERING (ICS 95)

5.

Title, number of pages and language(s) of the notified document: Factoring Criteria for Firearms With Attached "Stabilizing Braces" (26 page(s), in English)

6.

Description of content: Notice of proposed rulemaking; request for comment- The Department of Justice ("Department") proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") regulations to clarify when a rifle is "intended to be fired from the shoulder." The Department proposes factors ATF considers when evaluating firearms equipped with a purported "stabilizing brace" to determine whether these weapons would be considered a "rifle" or "short-barreled rifle" under the Gun Control Act of 1968 ("GCA") or a "rifle" or "firearm" subject to regulation under the National Firearms Act ("NFA"). This proposed rule is a separate action from the Notice on the Objective Factors for Classifying Weapons with "Stabilizing Braces" published on 18 December 2020, and withdrawn on 31 December 2020. No comments received under the withdrawn notice were considered for this proposed rule, and no comments received pursuant to that notice will be considered as part of this proposed rule. Commenters will need to submit new comments in connection with this proposed rule.

7.

Objective and rationale, including the nature of urgent problems where applicable: Prevention of deceptive practices and consumer protection; Protection of human health or safety

8.

Relevant documents: 86 Federal Register (FR) 30826, 10 June 2021; Title 27 Code of Federal Regulations (CFR) Parts 478 and 479: 
https://www.govinfo.gov/content/pkg/FR-2021-06-10/html/2021-12176.htm
https://www.govinfo.gov/content/pkg/FR-2021-06-10/pdf/2021-12176.pdf

This notice of proposed rulemaking; request for comment is identified by Docket Number ATF 2021R-08. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/ATF-2021-0002/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 8 September 2021

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2021/TBT/USA/21_4073_00_e.pdf