Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Information Collection Request
Supporting Statement
1140-0026
Report of Theft or Loss of Explosives
ATF F 5400.5
JUSTIFICATION
Necessity of Information Collection
In response to a higher incidence of domestically committed criminal or terrorist acts involving explosives, the Organized Crime Control Act of 1970 added Chapter 40 to Title 18 of the United States Code Section 842 (k). Specifically, the addition of Chapter 40 makes it unlawful for any person who has knowledge of the theft or loss of any explosive materials from their inventory, to fail to report such incidents to ATF and the appropriate local authorities, within 24 hours of the discovery. According to 27 CFR 555.30 (a) entitled Reporting Theft or Loss of Explosive Materials, “Any licensee or permittee who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-800-3855 (nationwide toll free number) and on ATF F 5400.5, Report of Theft or Loss of Explosives, in accordance with the instructions on the form.”
Needs and Uses
The purpose of this information collection, Report of Theft or Loss of Explosives - ATF F 5400.5, is to notify ATF about the theft or loss of explosive materials and the details about such incidents. The information requested on the form is the necessary to enable ATF to initiate a criminal investigation of the incident. Since 1976, the information gathered from these forms has been entered into a computerized national clearinghouse containing records regarding thefts, losses, and recoveries of explosive materials. This program is known as PROJECT SEAR (STOLEN EXPLOSIVES AND RECOVERIES), under the ARSON AND EXPLOSIVES INCIDENT SYSTEM (AEXIS). The information compiled in this system also assists ATF in the administration of laws within its jurisdiction concerning the regulation of explosive materials, while facilitating the review of other pertinent information regarding the theft or loss of explosive materials.
Use of Information Technology
Currently, ATF F 5400.5 is submitted by electronic mail (email), fax or regular mail. The e-fillable form is available on the ATF website for download and print, and can be digitally or electronically signed by individuals possessing these capabilities, and then electronically submitted to ATF at [email protected]. The availability of this electronic reporting option for this information collection eliminates the public burden associated with completing, printing, and mailing the completed form by regular mail. However, smaller licensees who do not have internet access can still continue to mail or fax the form. An effort will also be made to explore additional opportunities to improve the existing electronic reporting capability for this collection, as funding permits.
Efforts to Identify Duplication
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 the purpose of this information collection.
Minimizing Burden on Small Businesses
The reporting requirement for this information collection is the same for all users of explosives users and business owners, who are required to report the theft or loss of explosives, regardless of their size. ATF offers multiple reporting options, including electronic submission via email or fax, alongside regular mail. If a small business owner does not have internet access to electronically complete, sign, send a report to the ATF, they can submit it via mail or fax.
Consequences of Not Conducting or Less Frequent Collection
Pertinent investigative and recovery information about lost and stolen explosives would be unavailable without this information collection. 18 U.S.C. 842 (k) also makes it unlawful for any person, who has knowledge about the theft or loss of explosive materials from his stock, to fail to report such theft or loss within 24 hours of discovery. Without a form to report theft or loss of explosive materials, inaccurate or incomplete reports would emerge, thereby hindering ATF’s public safety efforts. The existence of incomplete reports would also incur additional administrative costs to obtain the other relevant information via subsequent interviews. The penalty for violation of this section is a fine of not more than $1,000, imprisonment for not more than one year, or both.
Special Circumstances
This information will be collected in a manner consistent with the guidelines in 5 CFR 1320.6.
Public Comments and Consultations
All comments received during the 60-day Federal Register Notice period received a response. No public comments were received during the 30-day Federal Register notice period.
Provision of Payments or Gifts to Respondents
ATF will not provide any payment or gift of any type to respondents.
Assurance of Confidentiality
In accordance with System of records notice (SORN) Justice/ATF-008 Regulatory Enforcement Record System FR Vol. 68, No. 16, Page 3558,January 24, 2003, the information collected on form ATF F 5400.5, is reviewed by ATF officials and kept in a secured location. The computerized national clearinghouse is also a secure database. Confidentiality is not assured.
Justification for Sensitive Questions
No questions of a sensitive nature are asked.
Estimate of Respondent’s Burden
There are 300 respondents associated with this collection. Each respondent will respond one time. It is estimated that it takes 1 hour and 48 minutes to complete this form. This includes the time it takes to accomplish a physical inventory, to identify the stolen or lost explosives by type, date shift code, size, percentage and other particulars relating to the explosives, site and situation. The total annual burden for this information collection is 540 hours.
Estimate of Cost Burden
It is estimated that half of the respondents e-mail the form, while the other half fax the form to ATF. Since ATF has not received any forms by mail within the past two years, there is no public cost associated with this reporting process for this information collection.
Cost to the Federal Government
The Federal Government cost is estimated to be 0, as this form is available for free online and is e-fillable and can be electronically signed and submitted.
Reason for Change in Burden
The Federal Government cost has been reduced from $265 to 0, as this form is available for free online and there are no associated postage fees.
Anticipated Publication Plan and Schedule
The results of this collection will not be published.
Display of Expiration Date
ATF is not seeking approval to not display the expiration date.
Exception to the Certification Statement
There are no exceptions to the certification statement.
STATISTICAL METHODS
This collection does not employ statistical methods.
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