1140-xxxx FEL Out of Business Records Supporting Statement (1-13)

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

Information Collection Request

1140-XXXX

FEL Out of Business Records

A. Justification

1. Federal Explosives Licensees (FEL) and permittees are required to keep explosives records of importation, production, shipment, receipt, sale, or other disposition, whether temporary or permanent, of explosive materials as prescribed by 27 CFR 555.121. Per 27 CFR 555.128 where an explosive materials business or operations is discontinued the records must be delivered within 30 days following the business or operations discontinuance to the ATF Out of Business Records Center. Per 27 CFR 555.61 FELs and permittees are required to furnish notification of the discontinuance or succession and submit his license or permit and any copies furnished with the license or permit to the Chief, Firearms and Explosives Licensing Center within 30 days following the discontinuance.

2. The records are of importance because they will aid ATF field personnel in conducting investigations. Per 27 CFR 555.128, where an explosive materials business or operations is discontinued and succeeded by a new licensee or new permittee, the records will reflect that fact and be delivered to the successor. Where discontinuance of the business or operations is absolute, the records must be delivered within 30 days following the discontinuance to any ATF office located in the region where the business was located, or to the ATF Out of Business Records Center, 244 Needy Road, Martinsburg, WV 25405.

3. FEL records are normally maintained by respondents in paper format. However, if FEL has maintained any explosive records electronically, they must be sent to ATF in ASCII file format and be accompanied by a printed paper copy of the records. The records ATF receives will be imaged for retrieval. Once the images have been verified as legible, the paper copies are destroyed.

3. ATF uses a uniform subject classification system for forms to identify duplication and to ensure that any similar information already available cannot be used or modified for use for the purpose of this information collection.

3. The collection of information has no significant impact on small businesses or other small entities.

3. The consequence of not conducting this information collection would result in ATF not having access to explosives information that will be used by ATF field personnel in their investigations.

3. There are no special circumstances. The data will be collected in a manner consistent with the guidelines in 5 CFR 1320.6.

3. A 60-day and 30-day Federal Register notice was published in order to solicit comments from the general public. No comments were received.

3. No payment or gift is associated with this collection.

3. FEL records sent to ATF division offices or to the ATF Out-of-Business Records Center will be kept in a secured location. These records will be viewed by ATF personnel only. Confidentiality is not assured.

3. No questions of a sensitive nature are asked.

3. There are an estimated 200 respondents associated with this collection. Each respondent

responds 1 time. When respondents’ businesses are discontinued it is estimated that an average of 2 boxes of explosives records will be shipped or delivered to ATF. It is estimated to take each respondent 30 minutes to package and ship/deliver the explosives records to ATF. The estimated burden hours to ship/deliver the explosives records are 100 hours (200 respondents x 30 minutes / 60).

3. There is no capital/startup cost. The estimated total annual cost for shipping/delivering the explosives records is $12,304 (2 boxes per respondent – 400 boxes x $30.76 shipping rate).

3. There is no annual cost to the Federal Government.

3. This is a new collection of information that requires FELs that discontinue explosives businesses or operations to deliver the explosive records to ATF within 30 days following the discontinuance of business or operation.

3. The results of this collection will not be published.

3. ATF does not request approval to not display the expiration date of OMB approval for this collection.

3. There are no exceptions to the certification statement.