Justification for OMB 1140-0017 (5300.11) - 09.11.23

Justification for OMB 1140-0017 (5300.11) - 09.11.23.pdf

Annual Firearms Manufacturing and Exportation Report Under 18 U.S.C. Chapter 44, Firearms

OMB: 1140-0017

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Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Supporting Statement
Information Collection Request
OMB 1140-0017
Annual Firearms Manufacturing and Exportation Report (AFMER)- ATF Form 5300.11
A. Justification:
1. The Annual Firearms Manufacturing and Exportation Report (AFMER) is used to
collect and disseminate data regarding firearms produced and sold or exported by
licensed manufactures. The AFMER also provides the public with firearms production
data obtained from licensed manufacturers throughout the United States. The
collected information can be used for government and scholarly research and by other
industries. Under the Gun Control Act (GCA) 18 U.S.C. §923(g)(5)(A), all licensed
manufacturers are required to complete and return the Annual Firearms Manufacturing
and Exportation Report under 18 U.S.C. Chapter 44, Firearms – ATF Form 5300.11 to
ATF, before April 1 of each year. Specifically, 18 U.S.C. § 923(g)(5)(A) mandates
that: “Each licensee shall, when required by letter issued by the Attorney General, and
until notified to the contrary in writing by the Attorney General, submit on a form
specified by the Attorney General, for periods and at the times specified in such letter,
all record information required to be kept by this chapter or such lesser record
information as the Attorney General in such letter may specify.”
ATF requests approval to make the following changes to OMB 1140-0017 (Annual
Firearms Manufacturing and Exportation Report (AFMER) ATF Form 5300.11):
I.
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VIII.

Updated formatting to ensure appropriate form length.
Page 1: Items #1 and #2, add wording “(As reflected on your FFL)”.
Page 1: Item #3, add wording “(Type 07 and Type 10 only)”.
Page 1: Item #7, update existing note to say “Note: Even if you have discontinued
business, you are still required to complete this form for any year for which you
have maintained your manufacturer’s license for 1 or more days. (See Instruction
#4 and Definition #6)”. Add asterisk and note “*Not selling firearms while
maintaining your FFL is NOT considered “discontinued.””
Page 1: Item #8, update “See Instruction #6; Definition #5”, underline the word
“all”. Make the lines of the fillable boxes bold. Gray out the cell between a and b
types of firearms (Pistols and Revolvers) and the totals as shown below. Change
text in “description” box to say “Describe misc. firearms (8j) here:”
Page 1: Item #9, underline the word “all”. Make the lines of the fillable boxes
bold. Update instruction referenced to be #7. Change text in “description” box to
say “Describe misc. firearms (9j) here:”
Page 1: Items 10-14, make the lines of the fillable boxes bold.
Page 2: Instructions, at the top of the instructions section, add note “Please obtain

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XIV.

your downloadable forms from atf.gov to ensure you are using the most current
version. Hardcopy forms can be obtained from the ATF Distribution Center.
(Type “ATF Distribution Center” into a search engine or call 240-828-5316 to
order).”
Page 2: Instruction 1: Bold the first sentence after “Purpose”. Add “NOTE: A
hardcopy of this form is sent to all 07 and 10 manufacturers at the beginning of the
next year. If you need a replacement form, are discontinuing business, or need to
file an amended form, this form is accessible via atf.gov. Type “AFMER” or
“5300.11” in the search box to obtain a downloadable version of this form. You
may also complete this form via eForms if you have registered to do so. (See
Instruction #10 below)”.
Page 2: Add a NEW Instruction #6. Then re-number the instructions that follow it.
“6. When completing Items 8a-8b for Pistols and Revolvers, please do your best to
most accurately put items within the calibers provided since we cannot list all
existing calibers. Enter a “0” (zero) in all caliber boxes for which NO firearms of
that type were sold/distributed into commerce.”
Page 2: Instruction #8, add wording “an active responsible”.
Page 2: Help with AFMER, change to “see Instruction #10 above)”.
Page 3: Definition #5a, add note “(See Instruction #6 for information in completing
8a which requires reporting by caliber categories.)”. Definition #5b, add note
“(See Instruction #6 for information in completing 8b which requires reporting by
caliber categories.)”.
Page 3: Add Definition #6, “6. Out of Business (OOB)/Discontinuance of Business
– If your firearms business was permanently discontinued, the Gun Control Act
(GCA) and its implementing regulations require that your firearms records be sent
within 30 days to the ATF Out-of-Business Records Center, 244 Needy Road,
Martinsburg, WV 25405, or to any ATF office in the division in which the
business was located. As it pertains to the AFMER report, you must complete a
report for each year in which you have maintained your manufacturers license for 1
day or more (see Instruction #4 above).
PLEASE NOTE: Not selling firearms while maintaining your FFL is not
considered “discontinued.”

2. AFMER is compiled from data submitted by licensed manufacturers on ATF Form
5300.11. The collected data is tabulated and then posted on the ATF public website.
The AFMER can be downloaded and used in diverse publications and presentations,
and market research about US firearm trends.
3. ATF Form 5300.11 is mailed directly to all type 07 and type 10 licensed
manufactures for mandatory completion. ATF Form 5300.11 is also available fully
electronic, and can be completed, signed, submitted electronically for processing, via
the ATF’s eForms platform.
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 collection of information has no significant impact on small businesses or
other entities. All licensed manufacturers, despite size, are required by law to
report their information.
6. Firearms research would be negatively impacted without the AFMER. This is because
the collected data allows tracking and assessments of the US firearms manufacturing
industry. Additionally, 18 U.S.C. § 923(g)(5)(A), authorizes ATF to collect specific
firearms information. Absence of this collection would eliminate ATF’s ability to
enforce this statute.
7. This information collection and record keeping requirement is conducted in a
manner consistent with 5 C.F.R. § 1320.6.
8. Both a 60-day and 30-day notice will be published in the Federal Register to
solicit public comments.
9. No decision of payment or gift is associated with this collection.
10. In accordance with the System of Records Notice (SORN) Justice/ATF-008 Regulatory
Enforcement Record System FR Vol. 68 No. 16 3558, dated January 24, 2003,
completed forms for this information collection are kept in a secured location at the
ATF Federal Firearms Licensing Center. ATF staff who process these forms have
special security clearances. Confidentiality is not assured.
11. No questions of a sensitive nature are associated with this information collection.
12. The number of respondents associated with this collection is estimated at 19,200 per
year. Each respondent will complete the form once a year. As such, the total number
of responses is 19,200. It takes about 20 minutes to complete the form. Therefore, the
total annual burden hours for this IC is 6,400 hours. Hard copy AFMER forms are
scanned and stored in ECM (our electronic records management system). The
original forms are destroyed once scanned. Electronically submitted AFMER forms
are stored in the eForms system.
13. No new cost is associated with this collection. All respondents can electronically
submit the AFMER to ATF free of charge, however, it is estimated that half the
respondents submit the form to the Federal Firearms Licensing Center by mail. The
annual cost has increased due to a change in the postal rate from $0.55 during the last
renewal in 2020, to $0.63 in 2023. Consequently, the new public cost burden will be
reported as $6,048.00, which is equal to $0.63 (mailing cost per respondent) * 19,200
(# of respondents) * 50% (percentage of responses submitted by mail).

14. Annual cost to the Federal Government is estimated as follows:
Direct Labor $ 2,037.80 (GS9-6 hourly rate x 45 hours + GS12-4 hourly rate x 5 hours +
GS9-1 hourly rate x 5 hours)
Printing
$ 887.04 ($0.0094 per imprint x 57,600 pages {19,200 x 3 imprints} + $0.009 per
sheet of paper x 38,400 {19,200 x 2 pages})
Distribution Center Costs
$
950.00 (cost to print and mail 2,000 forms, in case they are needed)
Postal
$ 11,520.00 ($0.60 metered postage x 19,200 envelopes)
Total
$ 15,394.84

15. The adjustments associated with this information collection include an increase in the
average total respondents and responses from 13,600 per year to 19,200 per year, since
the last renewal in 2020. Therefore, the total annual burden hours has increased by
1,867 hours.
16. The results of this collection will be posted on the ATF public website.
17. ATF requests authorization to exclude the IC expiration date from the printed ATF
Form 5300.11. This is due to the fact that printing the expiration date on the form will
incur higher printing costs to replace inventories that become obsolete when this IC is
issued a new expiration date. All Type 07 and 10 FFLs must utilize this form annually,
so ATF must maintain a substantial inventory of this IC instrument. Therefore, omitting
the expiration date will ensure that inventories can be quickly replenished, and forms
can be made available for public use, as often as needed.
18. There are no exceptions to the certification statement.
B. Collections of Information Employing Statistical Methods
This collection does not involve statistical methods.


File Typeapplication/pdf
File TitleATF FFLC Supporting Statement IC Requirements for Annual Firearms Manufacturing and Exportation Report (AFMER) ATF Form 5300.11
SubjectATF FFLC Supporting Statement IC Requirements for Annual Firearms Manufacturing and Exportation Report (AFMER) ATF Form 5300.11
AuthorATF_FESD_FFLC
File Modified2023-09-11
File Created2023-05-23

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