Information Collection

Status: Original and derived artifacts are available for this document.

Download: docx | pdf | html

Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Information Collection Request (ICR)
OMB 1140-0070
Application for Federal Explosives License/Permit
(ATF Form 5400.13)

SUPPORTING STATEMENT

A. JUSTIFICATION

1. Explain the circumstances that make the information collection necessary.

18 U.S.C. chapter 40 requires any person engaged in the business of manufacturing, importing, or dealing in explosive materials to first obtain a license. 18 U.S.C. § 842(a)(1). The statute also requires all persons who wish to obtain explosives, even for limited use, to obtain a federal explosives license or a permit (to use explosives, rather than engage in the business). This also includes all persons who wish to ship, transport, receive, or possess explosive materials. 18 U.S.C. § 843.

Regulations implementing the statute at 27 CFR §§ 555.41 and 555.45 state that “a license will, subject to law, entitle the licensee to transport, ship, and receive explosive materials in interstate or foreign commerce, and to engage in the business specified by the license, at the location described on the license. A separate license must be obtained for each business premises at which the applicant is to manufacture, import, or distribute explosive materials.” A user permit allows a person to obtain, for their personal use, explosives, including from outside the state in which they reside. § 555.41(iii). A limited permit allows a person to obtain explosives six times during a 12-month period from within the state in which they reside, for their personal use. § 555.41(b)(ii).

ATF has prescribed ATF Form 5400.13, Application for Explosives License/Permit, as the means by which persons may apply for a federal explosives license or permit (FEL/P).

2. Indicate how, by whom, and for what purpose the information will be used.

Each person (individual, partnership, corporation, or association) applying for a FEL/P must submit ATF Form 5400.13. ATF uses the information on the application to determine if the applicant is qualified to be an explosives licensee/permittee under the statute. Part of the process of determining whether a person qualifies to be a licensee/permittee includes a background check to ascertain whether the person is prohibited from possessing or otherwise using explosive materials.

3. Describe whether, and to what extent, the information collection involves using automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronically submitting responses, and the basis for the decision to adopt this means of collecting.

ATF Form 5400.13 is digitally fillable and signable, is available to download from ATF’s website, and the respondent can submit the form to ATF by email. Using electronic/digital signatures and submitting by email eliminates the need for mail-in notification. ATF also now accepts the license/permit fee online via pay.gov, and has made minor revisions to the form to reflect this payment process. The form must have the applicant’s signature and must be accompanied by a pay.gov receipt for processing, so that ATF may ensure it correlates the payment with the correct application.

4. Describe efforts to identify duplication.

This information is not duplicative and requires identifying information so ATF knows who is applying, and information necessary to complete a background check and determine the applicant’s eligibility to obtain a license/permit at the time they apply. This information is not available from another source. ATF uses a uniform subject classification system for forms to identify duplication and to ensure that any similar information already available cannot be used or modified to use in this information collection.

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

This information collection does not have a significant impact on small entities. 

6. Describe the consequences to federal programs or policy activities if the information is not collected or is collected less frequently, as well as any technical or legal obstacles to reducing burden.

ATF’s jurisdiction over explosives extends to requiring licenses or permits to engage in the business of importing, manufacturing, distributing, and/or receiving explosives material. Having a licensing mechanism helps to ensure that explosives are not used or obtained by prohibited persons for criminal activity or other illegal purposes. Due to the potential misuse of explosives that can be detrimental to public safety, licensing also helps ensure that only qualified individuals handle explosive materials. Without this information collection, ATF would be unable to ensure that explosives are not used for acts of terrorism or used in an unsafe manner. Licensing also helps ensure that explosives are stored properly, inventoried, and that record-keeping allows law enforcement to trace the materials if lost, stolen, or used in criminal activity. Because ATF collects the information one time per application, collecting the information less frequently would have the same impacts as not collecting it at all.

7. Explain any special circumstances that would cause the information collection to be conducted in a manner inconsistent with 5 CFR 1320.6.

There are no special circumstances associated with this information collection, which is conducted in a manner consistent with 5 CFR 1320.6.

8. If applicable, provide a copy, and identify the date and page number, of the agency’s notice published in the Federal Register, as required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submitting to OMB.

The 60-day notice was published in the Federal Register on 10/28/2026 (91 FR 67856). The comment period ended on 12/28/2026. ATF received no comments. ATF published the 30-day notice on [DATE] (xx FR xxxxx), with an OMB comment period ending on [DATE].

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

ATF does not provide payments or gifts in connection with this collection.

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

ATF has not assured respondents of confidentiality. However, the information ATF is collecting includes PII and is thus protected by the Privacy Act. ATF maintains the information in a system of records, Justice/ATF-008, Regulatory Enforcement Record System. The form accompanying this ICR includes a Privacy Act statement that covers this information and informs respondents of the system of records, routine uses, etc.

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 information collection does not ask questions or require information of a sensitive nature.

12. Provide estimates of the information collection’s hour burden.

ATF estimates an average of 927 respondents apply for a new license in any given year. Each respondent applies only one time, so the annual number of responses is also 927. Each respondent takes approximately 1.5 hours to complete the application. As a result, there are 1,390.5 total burden hours associated with this request (927 respondents * 1.5 hours).

ATF estimates that an individual completing this form would be paid the equivalent of an explosives worker. According to the U.S. Bureau of Labor Statistics (BLS), the wage for Explosives Workers, Ordinance Handling Experts, and Blasters (47-5032)1 is a nominal average of $31.54. To account for fringe employment benefits such as insurance, ATF determined an average load rate based on BLS’s calculated national hourly compensation (salaries/wages plus paid benefits) for all private-sector occupations (an average of $44.20 for 2024)2 divided by the national average hourly wages and salaries without benefits (an average of $31.10 for 2024),3 making a load rate of 1.42.4 This brings the $31.54 wage to a loaded wage rate of $44.79. The total monetized value of respondent time for this ICR is $57,734,019 ($44.79 * 1,390.5 total hourly burden).

Table 1. Estimated annualized respondent cost and hour burden
Activity
Number of respondents
Frequency
Total annual responses
Time per response (hours)
Total annual burden (hours)
Hourly rate*
Monetized value of respondent time
Completing application
927
1
927
1.5
1,390.5
$44.79
$57,734,019

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

There are no start-up or other costs associated with this information collection. All applications can be submitted electronically.

14. Provide estimates of the annualized cost to the federal government.

ATF estimates no additional costs to the federal government associated with this collection. This is due to the current staffing and administrative capacity already in place to complete any marginal processing required under this information collection, with long-term staffing capacity serving as a sunk cost.

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

ATF has updated ATF Form 5400.13 to reflect the new government payment method through pay.gov (required by executive order) and to include instructions and an email address for submitting the digitally fillable and signable form to ATF by email. ATF is also making a minor edit to the title, from “Application for Federal Explosives License or Permit” to “Application for Explosives License/Permit” for plain writing and brevity. In addition, ATF is changing the form number from 5400.13/5400.16 to 5400.13. There is no longer a need to retain the reference to a long-canceled merged form. Finally, there has been a decrease in the number of respondents to this IC, from 10,200 during the last renewal in 2023, to 927, a decrease of 9,273 respondents. This resulted in a corresponding decrease to the number of burden hours, from 15,300 in 2023 to 1,390.5 in 2026, a decrease 13,909.5 hours.

16. For information collections whose results will be published, outline plans for tabulations and publication.

ATF does not publish the results of this collection.

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

ATF intends to display the OMB expiration date for this information collection.

18. Explain each exception to the certification statement.

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

B. INFORMATION COLLECTIONS EMPLOYING STATISTICAL METHODS.

This collection does not employ statistical methods.