State POC Final Determination Electronic Submission

Forms and Documents

Document Name	Status
copy of omb-83i 04152011.pdf Supplementary Document	2011-08-10
State Final Determination (2).doc Supporting Statement A	2011-04-21

IC Document Collections

IC ID	Document Title	Status
11841	State POC Final Determination Electronic Submission	Modified

ICR Details

OMB Control No: 1110-0035	ICR Reference No: 201102-1110-001
Status: Historical Inactive	Previous ICR Reference No: 200801-1110-001
Agency/Subagency: DOJ/FBI	Agency Tracking No:
Title: State POC Final Determination Electronic Submission
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted	Conclusion Date: 11/18/2011
	Date Received in OIRA: 08/10/2011
Terms of Clearance: The Department indicated it needs additional time to address inconsistencies in this ICR. The Department can resubmit an ICR after making sure the burden info in ROCIS matches the information in the supporting statement, and after explaining any changes in burden from the previously approved collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Under Title 28, Code of Federal Regulations (CFR), Section 25.6(h), the FBI CJIS Division, would require the transmission of electronic determinatin messages to the NICS Section of the status of a firearm background check in those instances in which a transcation is "open" (transcations unresolved before the end of the operational day on which the transaction i was initiated); "denied" transactions; transactions reported to the NICS as open and subsequently changed to proceed; and overturned denials. The Point of Contact (POC) State must communicate this response to the NICS immediately upon communicating their determination to the Federal Firearms Licensee (FFL) or in those cases in which a response has not been communicated, no later than the end of the operational day in which the transaction was initiated. A final determination response from Full State POC's Partial POCs, and Alternate Permit State POC must be communicated to the NICS in order to enstat the NICS correctly purges proceeded transactions before the beginning of the next business day in order to maintain compliance with retention regulations. Additionally, this information will be used for statistical purposes; for FFL record inspections by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); to assist in the NICS Section's appeal process for research purposes; and to enhance the performance of the NICS by making state final determination information available to the NICS Section.

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Authorizing Statute(s): US Code: 28 USC 25.6(h) Name of Law: Brady Handgun Violence Prevention Act of 1993
  

Citations for New Statutory Requirements: None

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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:
	76 FR 11513	03/02/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 27354	05/11/2010
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
State POC Final Determination Electronic Submission

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: Due to an oversight in the submission of forms that were inadvertently submitted with collection 1110-0035, a discrepancy exists in the amount of 409614. The number of POC State and ATF - qualified Permit State NICS transactions estimated to be reported fluctuates based on 1) state participation, as some submissions are voluntary, and 2) transaction volume which fluctuates due to various factors.

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Annual Cost to Federal Government: $0

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]? No

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: 08/10/2011

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