Prevent All Cigarette Trafficking (PACT) Act Registration Form

Forms and Documents

Document Name	Status
Form ATF F 5070.1 Prevent All Cigarette Trafficking (PACT) Act Registration Form Form and Instruction	Modified
Justification 2023.docx Supporting Statement A	2023-09-18
PL 111-154.pdf Supplementary Document	2020-07-31

IC Document Collections

IC ID	Document Title	Status
193389	Prevent All Cigarette Trafficking (PACT) Act Registration Form Form and Instruction	Modified

ICR Details

OMB Control No: 1140-0098	ICR Reference No: 202309-1140-001
Status: Received in OIRA	Previous ICR Reference No: 202007-1140-009
Agency/Subagency: DOJ/ATF	Agency Tracking No:
Title: Prevent All Cigarette Trafficking (PACT) Act Registration Form
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	09/30/2023
Responses	800	400
Time Burden (Hours)	800	200
Cost Burden (Dollars)	27,368	13,542

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Abstract: This form is required for Electronic Nicotine Delivery System (ENDS) delivery sellers to register with ATF and States and localities that these products are shipped into and report sales into these jurisdictions and requires distributors who engage in delivery sales to comply with State and local tax, and regulatory laws involving the distribution of ENDS to minors.

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Authorizing Statute(s): PL: Pub.L. 111 - 154 2 Name of Law: Prevent All Cigarette Trafficking Act of 2009
   US Code: 15 USC 375 Name of Law: ENDS (Electronic Nicotine Delivery Systems)
  

Citations for New Statutory Requirements: US Code: 15 USC 375 Name of Law: ENDS (Electronic Nicotine Delivery Systems)

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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 43139	07/06/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 63626	09/15/2023
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
Prevent All Cigarette Trafficking (PACT) Act Registration Form	ATF F 5070.1	Prevent All Cigarette Trafficking (PACT) Act Registration Form

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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	800	400	0	0	400	0
Annual Time Burden (Hours)	800	200	0	0	600	0
Annual Cost Burden (Dollars)	27,368	13,542	0	0	13,826	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: There has been adjustments associated with this collection. The adjustments are an increase in the number of respondents by 400 to include ENDS delivery sellers, and an increase in postage cost to $.63.

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Annual Cost to Federal Government: $38,000

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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