Explosives Employee Possessor Questionnaire

Forms and Documents

Document Name	Status
Form ATF Form 5400.28 Explosives Employee Possessor Questionnaire Form and Instruction	Modified
18 USC 843 - Licenses and User Permits 12.31.2018.pdf Supplementary Document	2021-07-29
Justification for 1140-0072 (Employee Possessor Questionnaire - ATF Form 5400.28) 3.23.23.docx Supporting Statement A	2023-08-29

IC Document Collections

IC ID	Document Title	Status
12849	Explosives Employee Possessor Questionnaire Form and Instruction	Modified

ICR Details

OMB Control No: 1140-0072	ICR Reference No: 202308-1140-002
Status: Received in OIRA	Previous ICR Reference No: 202107-1140-002
Agency/Subagency: DOJ/ATF	Agency Tracking No:
Title: Explosives Employee Possessor Questionnaire
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/25/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2024
Responses	83,125	10,000
Time Burden (Hours)	27,708	3,334
Cost Burden (Dollars)	0	0

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Abstract: The Explosives Employee Possessor Questionnaire - ATF Form 5400.28 will be used to determine if an individual is qualified to serve as an employee possessor, who can ship, transport, receive, and/or possess materials for an explosives business or operation.

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Authorizing Statute(s): US Code: 18 USC 843 Name of Law: Licenses and user permits
   US Code: 18 USC 842 Name of Law: Unlawful acts
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 31033	05/15/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 46812	07/20/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Explosives Employee Possessor Questionnaire	ATF Form 5400.28	Explosives Employee Possessor Questionnaire

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	83,125	10,000	0	0	73,125	0
Annual Time Burden (Hours)	27,708	3,334	0	0	24,374	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: ATF currently processes approximately 95,000 explosives background checks per year, 7/8ths of those are for employee possessors. Thus, the current number of respondents is estimated to be 83,125 (7/8 x 95,000 = 83,125). The annual burden hours were also updated based on the increase in estimated respondents, however the estimated 20 minutes per respondent to complete the form remained the same.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/25/2023

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