Justification for 1140-0022 (ATF Form 5400.14 or 5400.15 Part III) 9.24.2021

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

OMB 1140-0022

Federal Explosives License/Permit (FEL) Renewal Application –

ATF Form 5400.14/5400.15, Part III

A. Justification

1. Chapter 40 of Title 18 of the United States Code (U.S.C.) provides that no person may engage in the business of importing, manufacturing, or dealing in explosives materials, without first obtaining a license to do so. Further, no person may transport or buy explosives materials in interstate commerce without first obtaining a permit to do so. Licenses or permits are issued for a specific period of time and are renewable upon the same conditions as the original license or permit. In order to continue uninterrupted in these activities, licenses and permits can be renewed by filing a short renewal application. The short Federal Explosives License/Permit (FEL) Renewal Application – ATF Form 5400.14/5400.15, Part III (ATF Form 5400.14/5400.15, Part III), will continue to be used as long as 18 U.S.C. § 843(a) requires a person (the applicant) to maintain a valid license or permit to continue engaging in the explosives material business and/or transporting or buying explosives material in interstate commerce.

2. ATF examiners will use the information collected on ATF Form 5400.14/5400.15, Part III, to identify applicants for a renewed license or permit, the location where the activity will be conducted, the specific activity to be conducted, and the applicant’s continued eligibility to receive a renewed license or permit. Renewal applications are now computer generated and mailed to the applicant with enough lead time to allow for timely processing and return of a valid license or permit to the applicant. The renewal application is used by ATF to determine the applicant’s eligibility to retain the explosives license or permit.

3. ATF Form 5400.14/5400.15, Part III, is generated by the ATF Federal Explosives Licensing Center (FELC) in Martinsburg, West Virginia. The form is unavailable on the ATF website because it is automatically generated by an ATF database approximately 90 days prior to the expiration of an explosives license. This database electronically pre-populates form data fields related to the existing license(s) that is to be renewed. The database also ascribes renewal fees by license type, which reduces the respondent burden, increases accuracy of form completion, and decreases processing delays due to incorrect fee calculations. The partially completed form is mailed to the respondent for completion of any remaining applicable fields, signature, and submission with payment for processing. The form must be submitted or mailed with the payment information via check, money order, or credit/debit card, to ensure processing by the designated financial institution. ATF does not currently have an electronic or online payment system to renew explosives licenses or permits. However, the FELC’s goal is to migrate all applicable forms to ATF’s eForms environment when funding is approved for additional eForms initiatives. Inclusion in the eForm platform will allow applicants to complete applications to renew explosives licenses and permits online and submit remittance electronically through the ATF’s agreement with Pay.Gov.

4. 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. This information collection has no impact on small businesses.

5. Without this information collection ATF could renew a license or permit to a person prohibited by law from receiving an explosives license or permit.

5. Respondents complete this information only as often as necessary to comply with the statue. This information collection is conducted in a manner consistent with 5 CFR 1320.6.

5. No comments were received during the 60-day Federal Register (FR) notice period. However, a 30-day FR notice will be published to solicit public comments.

5. No payment or gift is offered to the respondents.

5. In accordance with System of Records Notice Justice/ATF-008 Regulatory Enforcement Record System FR Vol. 68 No. 16 Page 3558 dated January 24, 2003, records are stored in file folders in file cabinets and in electronic media. Direct access is restricted to personnel in the Department of Justice in the performance of their duties. Records are transmitted to routine users on a need-to-know basis, and to others upon verification of the substance and propriety of the request. Records are stored in file cabinets in rooms that are locked during non-duty hours. The records stored in electronic media are password protected.

5. Questions of a sensitive nature are asked to ensure that explosives are not sold or received by certain persons.

5. There are an estimated 2,500 respondents to this information collection. Each respondent completes this form once per renewal. Therefore, the total number of responses is also 2,500. The estimated time to complete this form is 20 minutes. The total annual burden associated with this collection is 825 hours.

5. The only cost to the respondent is postage totaling $1,225, which is equal to

.49 (cost to mail each application) * 2,500 (total number of respondents).

5. Federal Government costs can be calculated as follows:

Printing $2,300

Distribution $430

Clerical Costs $2,300

Other Salary $1,800

(Review supervisory, etc.) ______

Total $6,830

5. There are no program changes or adjustments associated with this information collection.

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

5. ATF does not request approval to not display the expiration date for Office of Management and Budget approval of the information for this collection.

5. There are no exceptions to the certification statement.

B. This collection of information does not employ statistical methods.

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