1140-0022 Justification Final

DEPARTMENT OF JUSTICE

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

Supporting Statement

ATF F 5400.14/5400.15, Part 111

Federal Explosives License/Permit (FEL) Renewal Application

OMB 1140-0022

A. Justification:

1. Chapter 40, Title 18 of the United States Code provides that no person may engage in the business of importing, manufacturing or dealing in explosives materials, without first obtaining a license to do so. Further, no person may transport or buy explosives materials in interstate commerce, without first obtaining a permit to do so. Licenses or permits are issued for a specific period of time, and are renewable upon the same conditions as the original license or permit. In order to continue uninterrupted in these activities, licenses and permits can be renewed by filing a short renewal application. As long as 18 U.S.C. 843(a) requires a person who wishes to engage in the explosives materials business or transport/buy in interstate commerce to pay a fee to file an application, and to obtain a permit before engaging in these activities, this short renewal form is a reasonable alternative to having to complete another application, where there have been no substantive changes in the applicant’s history.

2. The information on this form is used by ATF application examiners to identify applicants for a renewed license or permit, the location where the activity will be conducted, the specific activity to be conducted, and the applicant’s continued eligibility to receive a renewed license or permit. Renewal applications are now computer generated and mailed to the applicant with enough lead time to allow for timely processing and return of a valid license or permit to the applicant. The renewal application is used by the public to retain a license or permit. The renewal application is used by ATF to determine that the applicant’s eligibility to retain the license or permit.

3. ATF F 5400.14/5400.15, Part 111 (Federal Explosives License/Permit (FEL) Renewal Application) is generated by the ATF Federal Explosives Licensing Center in Martinsburg, West Virginia. The form is not available on the ATF website because it is electronically generated by the ATF database automatically, 90 days prior to the expiration of a license. The database also pre-fills or populates numerous data fields related to the existing license(s) that is to be renewed. These pre-filled data fields are associated with renewal fees according to specific license types. The renewal fee is calculated and pre-filled on the form based on the license type that is being renewed. This reduces the burden on the respondent, increases accuracy rate on the form, and decreases delays in processing the application due to incorrect fee calculations. The partially completed form is then sent to the respondent for completion of the remaining applicable fields, signature, and submission with payment. The form must be submitted/mailed with the payment in order for the financial institution to process it. The respondent has the option to pay via check, money order, or credit/debit card which the financial institution requires an original signature be provided. The current contract ATF has with the financial institution does not permit electronic or online payment processing. However, the Federal Explosives Licensing Center’s goal is to migrate all applicable forms to the ATF e-Forms environment when funding is approved for additional e-Forms initiatives.  Inclusion in the eForm platform will allow applicants to complete forms online, and submit remittance electronically through the ATF’s agreement with Pay.Gov.

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 information collection requirement has no impact on small businesses.

5. Without the information supplied by the applicant on the renewal form, ATF could possibly issue a license or permit to a person prohibited by law from receiving the license or permit.

5. Respondents complete this information only as often as necessary to comply with the statue. This information collection is conducted in a manner consistent with 5 CFR 1320.6.

5. No public comments were received for either the 60-day or 30-day Federal Register notice period.

5. No payment or gift is offered to the respondents.

5. In accordance with System of Records Notice (SORN) Justice/ATF-008 Regulatory Enforcement Record System FR Vol. 68 No. 16 Page 3558 dated January 24, 2003, records are stored in file folders in file cabinets and in electronic media.  Direct access is restricted to personnel in the Department of Justice in the performance of their duties.  Records are transmitted to routine users on a need-to-know basis, and others upon verification of the substance and propriety of the request.  Records are stored in file cabinets in rooms locked during non-duty hours.  The records stored in electronic media are password protected.

5. Questions of a sensitive nature are asked to ensure that explosives are not sold or received by certain persons.

5. The estimated number of respondents 2,500. The frequency of response is once. The total number of responses is 2,500. The average estimated time for filling out the information is 20 minutes per application. The total annual burden associated with this collection is 825 hours.

5. Postage (.49 x 2,500 = $1,225) is the only cost to the respondent. The increase in cost from previous collections is due to the increase in the U.S. Postal Rate.

5. Estimates of annual cost to the Federal Government are as follows:

Printing $2,300

Distribution $430

Clerical Costs $2,300

Other Salary $1,800

(Review supervisory, etc.) ______

Total $6,830

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

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

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

5. There are no exceptions to the certification statement.

B. This collection of information does not employ statistical methods.