Justification 1140-0067 Final

DEPARTMENT OF JUSTICE
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
INFORMATION COLLECTION REQUEST
SUPPORTING STATEMENT
OMB 1140-0067
Licensed Firearms Manufacturers Records of Production, Disposition, and
Supporting Data

A. JUSTIFICATION
1. Necessity of Information Collection
Each licensed importer, licensed manufacturer, and licensed dealer shall maintain
such records of importation, production, shipment, receipt, sale, or other
disposition of firearms at his place business for such period, and in such form, as
the Attorney General may prescribe. These records are required by 18 USC
923(g) (1) (A), and primarily facilitates ATF’s authority to inquire into the
disposition of any firearms during the course of a criminal investigation (18
U.S.C. 926(a) (2)). The records are established and maintained by the licensee
who enters the required information into proper record books as prescribed by 27
CFR 478.123; which also refererences 27 CFR 478.121 through 478.125.
Licensed manufactures records of production, disposition, and supporting data,
are integral to beginning a weapons trace during criminal investigations. These
records also provide very specific information not obtainable elsewhere, which
supports ATF’s mission to enforce firearms law and regulations. The uniformity
of the records required by these regulations, also allows ATF compliance
personnel to examine a licensee’s records, with minimal interference to normal
business operations. Compliance inspections are also conducted under the
authority of 18 U.S.C. 923 (g) (1) (A) and (B).
2. Needs and uses
These records are used by the licensee for accounting purposes. They are also
used by the ATF for criminal investigation or regulatory compliance with the Gun
Control Act of 1968. The Attorney General may inspect or examine the inventory
and records of a licensed importer, licensed manufacturer, or licensed dealer,
without such reasonable cause or warrant, and during the course of a criminal
investigation of a person or persons other than the licensee, in order to ensure
compliance with the record keeping requirements of 18 USC 923 (g) (1) (A) and
(B). The Attorney General may also inspect or examine any records relating to
firearms involved in a criminal investigation that is traced to the licensee, or
firearms that may have been disposed of during the course of a bona fide criminal
investigation.

3. Use of Information Technology
The use of automated electronic mechanical or other technological collection
techniques is not required by this information collection. However, pursuant to
ATF Rul. 2016-1, maintaining these records electronically is permissible. The
records are kept in paper or electronic media on the licensee business premises,
and the licensee has to record specific entries regarding the disposition of any
firearms.
4. Efforts to Identify Duplication
The ATF officer must ensure no duplication or false entries upon the inspection of
these records.
5. Minimizing Burden on Small Businesses
This collection does not have any impact on small business.
6. Consequences of Not Conduction or less frequent Collection
Consequences of not conducting this information collection could result in
licensees providing false information or duplicate information to criminal
investigations; which would negatively impact ATF’s mission to enforce the law.
7. Special Circumstances
There are no special circumstances associated with this information collection.
This record-keeping requirement is conducted in a manner consistent with 5 CFR
1320.6.
8. Public Comments and Consultations
No public comments were received during either the 60-day or the 30-day Federal
Register notice period.
9. Provision of Payments or Gifts to Respondents
No decision of payment or gift is associated with this collection.
10. Assurance of confidentiality
These records are maintained at the premises of the licensee in a secured location.
Only cleared ATF investigators have access to this information. Confidentiality is
not assured.
11. Justification for Sensitive Questions
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Record keepers are not required to maintain records of a sensitive nature.
12. Estimate Respondents Burden
ATF estimates that there are approximately 9,056 firearm manufacturers will
respond to this collection regarding approximately 11,497,441 firearms that are
produced each year. It is estimated that 7% of the respondents are larger
manufacturers that will produce 95% (10,922,569) of the firearms. Due to
efficient computer record systems utilized by the larger manufacturers, it is
estimated that it will take approximately one minute (.017) hours to record the
required data.
10,922,569 times .017 hours equals 182,043 hours. The estimated wage rate of
these FFLs is $47.18, making the hourly cost $8,588,127. 1,2
It is estimated that the remaining 574,872 firearms can be recorded in
approximately two minutes (.033 hours).
574,872 times .033 hours equals 19,162.
The total time and cost for the recording the required information is:
182,043 hours plus 19,162 hours equals 201,205 hours. The cost burden is
$8,588,127 plus $655,421 equals $9,253,548.
The estimated total number of responses is 11,497,441.
The estimated time for each response is 1.05 minutes.
The estimated total burden for this collection is 201,205 hours.
13. Estimate of Cost Burden
There is no cost associated with this collection, since all respondents record
and maintain their records on their business premises for inspection by ATF
personnel.
14. Costs to Federal Government
There is no cost to the Federal Government.

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https://www.bls.gov/oes/2016/may/oes414012.htm
Loaded wage rate is total compensation ($32.35) divided by wages and salaries ($22.55) = 1.43.
https://data.bls.gov/cgi-bin/surveymost

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15. Reason for Change in Burden
The increase in the total respondents by 6,678, total responses by 1,523,647 and
total burden hours by 23,673 are due to a general increase in both the number of
firearms manufacturers that respond to this collection, and the number of
firearms produced each year.
16. Anticipated Publication Plan and Schedule
The results of this collection will not be published.
17. Display of Expiration Date
ATF does not request approval to not display the expiration date for OMB
approval of the information for this collection.
18. Exception to the Certification Statement
There are no exceptions to the certification statement.

B. STATISTICAL METHODS
This collection does not employ statistical methods.

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