1140-0027 update justification

Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

Supporting Statement

Information Collection Requirement, 1140-0027

User – Limited Permit (Explosives)

ATF F 5400.6

1. Justification

1. Chapter 40 of Title 18, United States Code, provides for the issuance of permits to those persons who wish to purchase or ship explosive materials in interstate or foreign commerce. A permittee is a user of explosives. Without a permit, a person who uses explosives is restricted, with minor exception, to the purchase of explosives in his State of residence. Section 843 (a) (1) provides that permits shall be issued upon an application, which shall contain “such information as the Attorney General shall by regulation prescribe”. ATF F 5400.6, User Limited Permit is useful to the person making a one-time purchase of explosives from out-of –state.

2. The form is to be used one time only and is not renewable. A user – limited permit is issued to a licensee at the time an order is placed. The burden associated with the permit is that the licensee who sells the explosives material is required by 27 CFR 555.103 (e) to write on the front of the user-limited permit the transaction date, his signature and his license number prior to returning the permit to the user-limited permit holder. This notation by the seller prevents the user-limited permit from being used a second time.

3. This form is not available on the ATF website. It is issued by the Explosives National Licensing Center in Martinsburg, West Virginia. The permit is issued to the licensee at the time the order to use explosives is placed.

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 impact on small business or other small entities.

6. The less frequent collection of the information would pose a threat to the general public and defeat the purpose of the Act which is to “protect interstate and foreign commerce against interference and interruption by reducing the hazard to persons and property arising from misuse and unsafe or insecure storage of explosive materials”.

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

8. The ATF industry liaison was involved during the creation of this form. A 60-day and 30-day notice was published in the Federal Register in order to solicit comments from the general public. No comments were received.

9. No gift or payment is associated with this collection.

10. Confidentiality is not assured. The record copy of the form is maintained in secured storage on the premises of the permittee and is not available to members of the public.

11. No questions of a sensitive nature are associated with this information collection.

12. There are 1,092 respondents who complete the form one time. The total annual responses are 1,092. The estimated time to complete and retain the form is 12 minutes. The total burden associated with this collection is 218 hours. Dealers maintain copies of the form on file for a period of 5 years.

13. There is no annual cost burden to the respondents for this information collection.

14. The cost to the Federal Government associated with form is $1,000 per annum.

15. There are no program changes or adjustments associated with this information collection.

16. The results of this collection will not be published.

17. ATF does not request approval to not display the expiration date of approval for this information collection.

18. There are no exceptions to the certification statement.

B. Collections of Information Employing Statistical Methods

This collection does not employ statistical methods.

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