Justification for OMB 1140-0003 Multiple Handgun

[COLLECTION TITLE]

OMB Control Number XXXX-XXXX

OMB Expiration Date: XX/XX/XXXX

SUPPORTING STATEMENT FOR

REPORT OF MULTIPLE SALE OR OTHER DISPOSITION Of PISTOLS AND REVOLVERS – ATF F 3310.4

1. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Title 18, United States Code (U.S.C.) section 923(g)(3) provides that “[e]ach licensee shall prepare a report of multiple sales of other dispositions, whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols or revolvers totaling two or more, to an unlicensed person.” Each licensee must prepare a Report of Multiple Sale or Other Disposition of Pistols and Revolvers – ATF Form 3310.4. The Multiple Sale or Other Disposition Report was originally a regulatory requirement that was incorporated into the Gun Control Act when it was amended in 1986.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

ATF personnel analyze completed ATF Form 3310.4 to discern patterns in the purchase of firearms that may end up in the interstate trafficking of illegal firearms. The collected information is also used to determine if the buyer (transferee) is involved in any unlawful activity. The report shall be prepared no later than the close of business on the day that the multiple sales or other disposition occurs.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

ATF Form 3310.4 is available on the ATF website as a fillable form. Respondents can submit their completed form electronically by email or fax or mail them to the ATF National Tracing Center for processing. Respondents must also provide a copy of their completed form to their local Chief Law Enforcement Official.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.

ATF uses a subject classification code on all forms to ensure that there is no duplication of information. Similar information is unavailable elsewhere to fulfill this information collection requirement.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

There is no significant impact on small business or other private entities.

6. Describe the consequence to federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Public safety would be threatened without this information collection, which would also limit the capacity of law enforcement to track certain sales or other dispositions of handguns.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

There are no special circumstances for this collection which conforms to the guidelines of 5 CFR 1320.6

• requiring respondents to report information to the agency more often than quarterly;

Respondents respond as needed or when they make multiple sales of handguns.

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

Respondents must complete and submit a written form within 30 days.

• requiring respondents to submit more than an original and two copies of any document;

This Collection of information requires respondents to retain their original and submit copies ATF and a copy to the local law enforcement.

• requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

Yes, this Collection of Information must be maintained for the life of the Federal Firearms License.

• in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

No statistical survey is required.

• requiring the use of statistical data classification that has not been reviewed and approved by OMB;

No statistical data is used.

• that includes a pledge of confidentially that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

There is no pledge of confidentiality.

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentially to the extent permitted by law.

This collection does not require respondents to submit proprietary trade secrets or other confidential information.

There are no special circumstances.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

No public comments were received.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

No public forum was requested, and no public forum was performed.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection-of-information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

ATF consults with industry representatives upon every application and compliance inspection and provides Federal Firearm Licensee seminars two-three times a year per field division.

The 60-Day Notice was published in the Federal Register on [DATE] (XX FR XXXXX). The comment period ended on [DATE]. No comments were received.

9. Explain any decision to provide any payments or gifts to respondents, other than remuneration of contractors or grantees.

No government funds will be used as payment or for gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

Confidentiality is not required in the processing of this information collection.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No questions of a sensitive nature are asked.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. General, estimates should not include burden hours for customary and usual business practices.

The estimated number of respondents is 78,657. The frequency of response averages 8.247 per respondent, although some may complete several reports during a given year, while others may complete none. The estimated total responses are 648,653. It is estimated to take 15 minutes to complete the form. These estimates are based on the average number of records received between 2018 and 2020. Total annual burden hours for this collection are 162,163.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form.

This approval only covers one form.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

Estimated Annualized Respondent Cost and Hour Burden

Activity	Number of Respondents	Frequency	Total Annual Responses	Time Per Response	Total Annual Burden (Hours)	Hourly Rate*	Monetized Value of Respondent Time
ATF F 3310.4	78,657	8.247	648,653	15min	162,163	N/A	N/A
Unduplicated Totals	78,657	8.247	648,653	15min	162,163	N/A	N/A

Hourly rate source citation or you may enter a footnote:

13. Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

• The cost estimate should be split into two components: (a) a total capital

and start up cost component (annualized over its expected useful life); and (b) a

total operation and maintenance and purchase of service component.

The estimates should take into account costs associated with generating,

maintaining, and disclosing or providing the information. Include descriptions of

methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

It is estimated that 80% email their response, 10% fax their response, and 10% mail their response. Therefore, the total annual cost burden associated with the submission of the ATF Form 3310.4 is estimated at $47,351, which is equal to 64,865 (10% of respondents) * $0.73 (estimated cost for each respondent to mail multiple forms).^1,2

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

This cost of this Collection of Information is $47,351.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are/are no start-up costs associated with this collection.

No start-up costs associated with this collection.

The annual IC cost burden for this collection is the contractor clerical work associated with processing the Multiple Handgun Sales forms.

14. Provide estimates of the annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 into a single table.

Printing $56,958

Distribution 27,674

Clerical cost 1,800,939

Total $1,885,571

15. Explain the reasons for any program changes or adjustments.

There was a decrease in total respondents, but an increase in total responses, burden hours, and cost and is due to the increase in multiple sales. See Table below

	Current OMB Inventory	New OMB Inventory	Difference
Respondents	82,011	78,657	-3,354
Responses	519,429	648,653	129,224
Burden Hours	12,857	162,163	149,306
Cost	$8,778	$47,351	$38,573

16. For collections of information whose results will be published, outline plans for tabulations, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The results of this Collection of Information will not be published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

We are requesting no exemption.

18. Explain each exception to the certification statement.

This collection of information does not include any exceptions to the certificate statement.

B. COLLECTIONS OF INFORMATON EMPLOYING STATISTICAL METHODS.

This collection does/does not contain statistical data.

1 The number of mail-in responses is 64,865 =10% *648,653

2 https://www.usps.com/business/prices.htm

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