1140-0071 Justification

1140-0071 Justification.docx

Notification to Fire Safety Authority of Storage of Explosive Materials

OMB: 1140-0071

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Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Information Collection Request

Supporting Statement

1140-0071



Notification to Fire Safety Authority of Storage of Explosive Materials



  1. JUSTIFICATION


  1. Necessity of Information Collection


Under Title 18 U.S.C. Section 842 (j), the Attorney General has the authority to issue regulations governing the storage of explosive materials. Title 18 U.S.C. Section 842 (j) further provides that in promulgating such regulations, the standards of safety and security recognized in the explosives industry shall be taken into consideration. Title 18 U.S.C. Section 846 gives the AG the authority to inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved so that precautions may be taken to prevent similar accidents from occurring. This provision gives the Attorney General the authority to issue regulations intended to help prevent accidents involving explosives. ATF is concerned with the safety of emergency response personnel responding to fires on sites where explosives are stored. 27 CFR Part 555.201 (f) requires that any person who stores explosive materials shall notify the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type, magazine capacity, and location of each site where such explosive materials are stored.


  1. Needs and Uses


The information is necessary for the safety of emergency response personnel responding to fires at sites where explosives are stored. The information is provided both orally and in writing to the authority having jurisdiction for fire safety in the locality in which explosives are stored.


  1. Use of Information Technology


ATF requires that the information be given both orally and in writing rather than by means of more advanced technology since the collection of information could adversely affect small businesses that may not have access to electronic means of communication. Additionally, the oral and written notification is in accordance with 27 CFR 555.201(f).



  1. Efforts to Identify Duplication


There is no duplication of this information collection. The information sought is not attainable from any other source. Prior to 27 CFR 555.201(f) there was no other consistent means for its collection. The absence of such requirement has had deleterious consequences for emergency response personnel responding to fires where explosives were stored.


  1. Minimizing Burden on Small Businesses


The collection of information will not have an impact on small businesses.


  1. Consequences of Not Conducting or less Frequent Collection


The safety of emergency response personnel responding to fires on sites where explosives are stored would be severely jeopardized if the collection is not conducted or is conducted less frequently.


  1. Special Circumstances


This information will be collected in a manner consistent with the guidelines in 5 CFR 1320.6


  1. Public Comments and Consultations


The collection of this information was proposed by the Institute of Makers of Explosives (IME), an industry organization concerned with safety, in response to a 1988 fire in which 6 firefighters were killed as a result of attempting to fight a fire at a construction site where explosives were stored. ATF consulted with the IME regarding the implementation of this collection. A 60-day and 30-day Federal Register Notice was published in order to solicit comments from the general public. No comments were received.


  1. Provision of Payments or Gifts to Respondents


No payment or gift is associated with this collection.


  1. Assurance of Confidentiality


Written notification regarding the explosives is kept on the premises in a secured location of the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored. Confidentiality is not assured.


  1. Justification for Sensitive Questions


No questions of a sensitive nature are being asked.

  1. Estimate of Respondent’s Burden


The number of respondents associated with this collection is 1,025. Each respondent will respond one time. The total number of responses is 1,025. The time it takes for notification is 30 minutes. The total number of burden hours associated with this information collection is 513.


  1. Estimate of Cost Burden


The cost to the respondent is postage for submitting the information in the form of a letter to the authority having jurisdiction and the appropriate fire marshal. ATF estimates this cost based on the new postage increase from 44 cents to 45 cents. The total cost is estimated as $461.25.


  1. Costs to the Federal Government


There is no cost to the Federal government.


  1. Reason for Change in Burden


The previous submission reported an estimated 5,000 respondents per year. However, respondents send notification to fire safety authority of the magazine storage at the time the magazine is initially placed on site, that number is 1,025 per year. The estimated response time remains 30 minutes; and the total number of burden hours has been rounded to 513. Additionally, the previous submission reported the cost of postage as 44 cents. Postage increased on January 22, 2012 to 45 cents. The cost per respondent is 45 cents. The total cost to respondents with the increase of postage is $461.25.


  1. Anticipated Publication Plan and Schedule


The results of this collection will not be published.


  1. Display of Expiration Date


ATF does not request approval to not display the expiration date of OMB approval.


  1. Exception to the Certification Statement.


There are no exceptions to the certification statement.


  1. STATISTICAL METHODS


None


File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleDepartment of Justice
AuthorATF
File Modified0000-00-00
File Created2021-01-30

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