This ICR has been returned as improperly submitted. Prior to resubmitting this package, DOJ should clarify what revision, if any, is being made to the collection, and categorize the ICR properly; ensure that the burden change information in ROCIS is consistent with the description of the burden change explanation in question 15 of the supporting statement; and refine its estimate of the cost to respondents in question 13 of the supporting statement -- in particular, DOJ should clarify how much of the cost has already been incurred and estimate how much will be incurred over the period in which it is seeking approval.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
03/31/2013
36 Months From Approved
08/31/2013
1,381,496
0
1,381,496
23,024
0
23,024
25,001
0
25,001
Under Title 28, Code of Federal Regulations (CFR), Section 25.6(h), the FBI CJIS Division, would require the transmission of electronic determination messages to the NICS Section of the status of a firearm background check in those instances in which a transaction is "open" (transactions unresolved before the end of the operational day on which the transaction 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 POCs, Partial POCs, and Alternate Permit State POC must be communicated to the NICS in order to ensure 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.
US Code:
28 USC 25.6(h)
Name of Law: Brady Handgun Violence Prevention Act of 1993
The NICS Section Response to the burden increase:
In previous collections, the NICS Section utilized industry standard data and estimated the annual costs for post implementation at $25,000 per Point of Contact (POC) State, per year. Based on 13 POC States at $25,000 annually, the total annual cost burden to the 13 POC States was $325,000 per year, over a three year period. On the most recent OMB 83-I, the NICS Section reported $25,000 in annual costs for post implementation as the annual reporting and recordkeeping cost burden.
In previous collections, the NICS Section should have multiplied the $25,000 annual cost by the 13 POC States to arrive at $325,000 annually per POC State. The $325,000 multiplied by three years (the duration of the collection) resulted in a $975,000 costs for post implementation years.
Also, the annualized cost to the Federal Government to accept POC State submitted transaction statuses was estimated to be between $250,000 and $350,000. Additional annual costs for data storage, processing costs, and communication requests are estimated to cost $100,000.
In addition to post implementation year cost the NICS Section estimated $10,000 to $2,000,000 in costs for the POC States to implement a system to transmit the electronic notifications to the NICS Section. Due to the large variance in the amount of technical changes required from each POC State the NICS Section estimated this cost to be within a range. Also, in order to gain a more precise estimated cost the NICS Section canvassed POC States to determine their costs and the information was not available or the costs were absorbed into the POC States operating and maintenance budget.
Due to the variety of the technical requirements that exist among the different POC State systems, the multiplicity of available technology, and indeterminate volume of transactions, the total annual cost burden to the POC States was estimated to be $13,390,000. This figure includes start up costs for initial implementation which were estimated according to industry standard data. This figure also includes NICS Section estimated annual costs for post implementation, which includes operation and maintenance, hardware/software upgrades and overhead based on 13 POC States.
$350,000
No
No
No
No
No
Uncollected
Sherry Kuneff 304 625-7462
Reginfo record details
No
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:
(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;
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.
1110-0035_law.doc
1110-0035_83 i.pdf
1110-0035 Supporting Statement.doc.docx
State POC Final Determination Electronic Submission