Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Information Collection Request
Supporting Statement
1140-0062
Identification of Imported Explosives Materials
JUSTIFICATION
Necessity of Information Collection
ATF is charged with enforcing Title XI of the Organized Crime Control Act of 1970 (the Act) and implementing the regulations at 27 CFR Part 555. One purpose of the Act was to reduce the hazards to persons and property, arising from the misuse of explosive materials. Pursuant to 18 U.S.C. § 847, “the Attorney General may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter.”
To protect the public from the hazards resulting from the misuse of explosive materials, ATF generally requires that explosives manufacturers mark all manufactured explosives with specific information. ATF published a final rule on May 27, 2005, for 27 CFR Part 555, which requires licensed importers to identify by marking all explosive materials they import for sale or distribution. Specifically, section 555.109 requires licensed manufacturers of explosive materials to legibly identify all explosive materials manufactured for sale or distribution by marking them. The markings required by this section include the identity of the manufacturer and the location, date, and shift code of manufacture. This section also mandates that licensed manufacturers must place the required marks on each cartridge, bag, or other immediate container of any explosive materials for sale or distribution, as well as on the outside container, if any, that is used for their packaging.
These requirements help ensure that explosive materials can be effectively traced for criminal enforcement purposes. Explosives markings often provide valuable information for explosion and bombing investigations and is useful for explosives compliance investigations in verifying inventory and proper conduct of business practices.
Needs and Uses
Explosives markings enable the tracing of recovered explosive materials. ATF requires that persons who import explosive materials for sale or distribution, or for their own use, mark these explosive materials with relevant identification information including the country of manufacture, importer name and location, and date/shift code. The required records of licensees and permittees must accurately reflect the marks of identification. In furtherance of criminal investigations, the ATF U.S. Bomb Data Center conducts explosives traces by contacting the manufacturer of the materials and “tracing” them through successive dealers. The marking process for imported explosive dealers will be similar to the process described above. However, the importer information will be used to commence the identification process for imported explosives.
Use of Information Technology
The use of information technology does not apply to this collection, which requires marking explosives imported for sale or distribution.
Efforts to Identify Duplication
Licensed manufacturers who make explosive materials in the United States are also required to place identification markings on all explosives. However, this collection is directed at importers who must place markings on explosives they import for sale or distribution. Otherwise, the information sought is unattainable.
Minimizing Burden on Small Businesses
This collection of information has no significant impact on small businesses since imported explosives materials are already marked by the foreign manufacturer.
Consequences of Not Conducting or Less Frequent Collection
Explosives tracing efforts for criminal enforcement cases would be hindered without this information collection. Additionally, explosives compliance inspection activities, such as inventory verifications for public safety, would also be adversely affected without this collection.
Special Circumstances
There are no special circumstances associated with this collection. Respondents are required to report information only as often as necessitated by criminal enforcement or regulatory activities.
Public Comments and Consultations
No comments were received during the 60-day Federal Register (FR) notice period. However, a 30-day FR notice will be published to solicit public comments.
Provision of Payments or Gifts to Respondents
No payment or gift is associated with this collection.
Assurance of Confidentiality
The information obtained from this collection is only available to ATF’s industry operation investigators for explosives inspections and traces. Confidentiality is not assured.
Justification for Sensitive Questions
No questions of a sensitive nature are asked.
Estimates of Respondent’s Burden
There are 17 respondents associated with this information collection, and each respondent will import unmarked explosive materials no more than 3 times annually. Therefore, the total number of responses is 51. Additionally, we estimate that each respondent will spend approximately one hour placing identification marks on imported explosives per occasion. As such, the total number of burden hours for this collection is 51.
Estimate of Cost Burden
There is no cost burden associated with this information collection.
Cost to the Federal Government
There is no cost to the Federal Government.
Reason for Change in Burden
There is no change in the public burden associated with this collection.
Anticipated Publication Plan and Schedule
The results of this collection will not be published.
Display of Expiration Date
ATF will not display the Office of Management and Budget expiration date, since there is no form associated with this collection.
Exception to the Certification Statement
There are no exceptions to the Certification Statement.
STATISTICAL METHODS
None
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Scheddel, Anita |
| File Modified | 0000-00-00 |
| File Created | 2021-11-01 |