Prevent All Cigarette Trafficking (PACT) Act Registration Form

Forms and Documents

Document Name	Status
Form ATF F 5070.1 Prevent All Cigarette Trafficking (PACT) Act Registration Form Form and Instruction	New
PL 111-154.pdf Supplementary Document	2010-06-24
Emergency Request for Approval of Collections of Information_FORM ONLY.docx Supplementary Document	2010-06-24
Justification PACT Act Form.docx Supporting Statement A	2010-06-30

IC Document Collections

IC ID	Document Title	Status
193389	Prevent All Cigarette Trafficking (PACT) Act Registration Form Form and Instruction	New

ICR Details

OMB Control No: 1140-0098	ICR Reference No: 201006-1140-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOJ/ATF	Agency Tracking No:
Title: Prevent All Cigarette Trafficking (PACT) Act Registration Form
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 07/06/2010
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/08/2010
	Date Received in OIRA: 06/25/2010
Terms of Clearance: OMB approves this emergency submission for a period of 6 months. Prior to its next submission, the agency will reach out to FDA to explore opportunities to share common data and address potential duplication. The agency will also respond to all public comments received in response to the 60 day notice published June 25, 2010 in the next submission.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2011	6 Months From Approved
Responses	3,000	0	0
Time Burden (Hours)	3,000	0	0
Cost Burden (Dollars)	42,000	0	0

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Abstract: The purpose of the information collection is to register delivery sellers of cigarettes and/or smokeless tobacco products with the Attorney General in order to continue to sell and/or advertise these tobacco products. Respondents will register the information on the form.

Emergency Justfication: The Pact Act (PL 111-154) is in direct response to billions of dollars of lost federal, state, and local tax revenue, the unlawful distribution of cigarettes and smokeless tobacco products to minors, and the increasing involvement of terrorists and other criminal groups in illicit tobacco trafficking. The Pact Act closes numerous gaps in federal law to prevent trafficking in illicit tobacco products. Delivery sellers of cigarettes and/or smokeless tobacco products must register with the Attorney General in order to continue to sell and/or advertise these tobacco products. The effective date of the PACT Act is June 29, 2010. Sellers will register their information using the form. Failure to comply with this requirement subjects these sellers to federal felony prosecution and civil fines. ATF requests emergency approval in order for the information to be available to the individuals affected by the PACT Act.

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Authorizing Statute(s): PL: Pub.L. 111 - 154 2 Name of Law: Prevent All Cigarette Trafficking Act of 2009
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 154 2 Name of Law: Prevent All Cigarette Trafficking Act of 2009

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 36443	06/25/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Prevent All Cigarette Trafficking (PACT) Act Registration Form	ATF F 5070.1	Prevent All Cigarette Trafficking (PACT) Act Registration Form

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,000	0	3,000	0	0	0
Annual Time Burden (Hours)	3,000	0	3,000	0	0	0
Annual Cost Burden (Dollars)	42,000	0	42,000	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This a new information collection as a result of a new Public Law (111-154). The new burden is associated with a form that will enable delivery sellers of cigarettes and/or smokeless tobacco products to register with the Attorney General in order to continue to sell and/or advertise these products.

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Annual Cost to Federal Government: $156,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/25/2010

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