1140-0076 Amended Justification (02-2017) - 508

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Information Collection Request
OMB Number 1140-0076 (ATF Form 5400.29)
Relief of Disabilities and Application for Restoration of Explosives Privileges
A.

Justification
1.

Necessity of Information Collection

ATF is charged with the responsibility for enforcing Title XI of the Organized Crime
Control Act (the Act) of 1970 and the implementing regulations contained at 27 CFR,
Part 555. Subtitle C of Public Law No. 107-296, the Safe Explosives Act, enacted
November 25, 2003, amended the Act to give the Director authority to grant relief from
disability for any person who is prohibited from shipping, transporting, receiving, or
possessing an explosive under section 842(i) of the Act. The regulations at 27 CFR,
Section 555.142 state that the Director may grant relief to an applicant if it is established
to the satisfaction of the Director that the circumstances regarding the disability and the
applicant’s record and reputation are such that the applicant will not be likely to act in a
manner dangerous to public safety.
The ATF Form 5400.29, Application for Restoration of Explosives Privileges, is used by
ATF to conduct background investigations on all applicants for restoration of explosives
privileges. In an effort to ensure that any person applying for restoration of explosives
privileges has a record and reputation such that the applicant will not be likely to act in a
manner dangerous to public safety and that the granting of such relief would not be
contrary to the public interest, ATF proposes that all applicants complete ATF Form
5400.29.
2.

Needs and Uses

Persons who wish to ship, transport, receive, or possess explosive materials, but are
prohibited from doing so, will complete this form. The form will be submitted to ATF to
determine whether the person who provided the information is likely to act in a manner
dangerous to public safety and that the granting of relief is not contrary to the public
interest.
3.

Use of Information Technology

Individuals with disabilities (508 Compliant) can access this form. Respondents have
the option of downloading the form to print from the internet, but the form cannot be
submitted electronically. This information collection will not meet the requirements of
GPEA with regard to making this form fully electronic because an original signature is
needed from the respondent in order to meet the requirements for restoration of explosive
privileges. ATF does not have the capability to fully accept electronic signatures,
although this collection has been affixed with digital signature capability. Additionally,
it is likely that submissions will contain certified copies of court documents
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and fingerprint cards. Therefore, it is impractical to use automated, electronic, or other
mechanical collection techniques.
4.

Efforts to Identify Duplication

ATF uses a uniform subject classification system 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.
5.

Minimizing Burden on Small Businesses

This collection will not affect small businesses.
6.

Consequences of Not Conducting or Less Frequent Collection

The consequences of not conducting this collection would result in persons not having
the opportunity to apply for relief of disability.
7.

Special Circumstances

There are no special circumstances associated with this collection.
8.

Public Comments and Consultations
No public comments were received for either the 60-day or 30-day notices that were
published in the Federal Register notice.
9.

Provision of Payments or Gifts to Respondents

No payment or gift is associated with this collection.
10.

Assurance of Confidentiality

Responses are kept in a secured location. ATF staff that review and process the form
have “special government clearances”. Confidentiality is not assured.
11.

Justification for Sensitive Questions

Questions about an individual’s criminal history, immigration status and mental status
are asked. The question, “Are you a fugitive from justice?” is a prohibited category
(Title XI of the Organized Crime Control Act of 1970) and must be asked in order to
ensure that those persons certify that they are not prohibited. The questions are necessary
in order to ensure that the restoration of explosives privileges would not be contrary to
public safety and public interest.
12.

Estimate of Respondent’s Burden
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We estimated that there are a total of 300 respondents associated with this information
collection request. The total number of responses is 300. We estimate that each
respondent will spend approximately 30 minutes completing this form. The total annual
burden hours associated with this request is 150 hours.
13.

Estimate of Cost Burden

ATF in-person interview of applicant’s previous explosives supervisor—300 x 0.5 (hour)
x $42 (hourly wage for technical specialist/responsible person) = $6,300. ATF in-person
interview of applicant’s previous explosives co-worker—300 x 0.5 (hour) x $22 (hourly
wage for employee possessor) = $3,300.
The respondent must mail the application to ATF. Therefore the cost of postage is
estimated at 300 respondents x .49 = $147.00.
14.

Cost to Federal Government

The cost to the Federal government is estimated at $420.00 for the printing of the form.
15.

Reason for Change in Burden

There are no adjustments associated with this collection.
16.

Anticipated Publication Plan and Schedule

The results of this collection will not be published.
17.

Display of Expiration Date

ATF requests approval to not display the expiration date of OMB approval for this
collection. If we print the expiration date on the form, this will result in increased costs
to the Government because the need to replace inventories that will become obsolete with
the passage of the expiration date each time an OMB approval is renewed. The time
period during which the current edition of the form in this package will continue to be
utilized cannot be predicted. It could very easily span the several cycles of review and
OMB clearance renewal. Additionally, a substantive inventory of forms in the supply
line is necessary to meet the demand of the explosive industry. For these reasons, we
request authorization to omit printing of the expiration date on the form in this package.
18.

Exception to the Certification Statement

There are no exceptions to the certification statement.
B.

Collections of Information Employing Statistical Methods.
This collection of information employs no statistical methods.
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