Justification for OMB 1140-0076 (ATF Form 5400.29) - 09.11.23

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Information Collection Request
OMB Number 1140-0076 (ATF Form 5400.29)
Relief of Disabilities and Application for Restoration of Explosives Privileges
A.

Justification

1.

Necessity of Information Collection
ATF is charged with the responsibility for enforcing Title XI of the Organized Crime
Control Act (the Act) of 1970 and the implementing regulations contained at 27 CFR,
Part 555. Subtitle C of Public Law No. 107-296, the Safe Explosives Act, enacted
November 25, 2003, amended the Act to give the Director authority to grant relief from
disability for any person who is prohibited from shipping, transporting, receiving, or
possessing an explosive under section 842(i) of the Act. The regulations at 27 CFR,
Section 555.142 state that the Director may grant relief to an applicant if it is established
to the satisfaction of the Director that the circumstances regarding the disability and the
applicant’s record and reputation are such that the applicant will not be likely to act in a
manner dangerous to public safety.
The Application for Restoration of Explosives Privileges - ATF Form 5400.29, is used by
ATF to conduct background investigations on all applicants for the restoration of
explosives privileges. The form is also used to verify that an applicant has a record and
reputation confirming that they are unlikely to endanger public safety, and to ensure that
granting an applicant relief would not be contrary to public interest.
ATF is requesting approval to make the following changes to the Application for
Restoration of Explosives Privileges - ATF Form 5400.29:
Page 1


Block 9 (b): Added "Month/Year"



Block 9 (c): Added "Month/Year"



Block 10 (c): Added "Month/Year"



Block 10 (d): Added "Month/Year"
Page 3



(1): Added “dismissal upon completion of sentence, deferred adjudication or
reduction of offense after conviction”.

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Page 4
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2.

Added "/ Investigator".

Needs and Uses
Persons who wish to ship, transport, receive, or possess explosive materials, but are
prohibited from doing so, will complete this form. The form will be submitted to ATF to
determine whether the person who provided the information is likely to act in a manner
dangerous to public safety and that the granting of relief is not contrary to the public
interest.

3.

Use of Information Technology
Individuals with disabilities (508 Compliant) can access this form. Respondents have the
option of downloading the form to print from the internet but the form cannot be
submitted electronically. This information collection will not meet the requirements of
GPEA with regard to making this form fully electronic because an original signature is
needed from the respondent in order to meet the requirements for restoration of explosive
privileges. ATF does not have the capability to accept electronic signatures.
Additionally, it is likely that submissions will contain certified copies of court documents
and fingerprint cards. Therefore, it is impractical to use automated, electronic, or other
mechanical collection techniques.

4.

Efforts to Identify Duplication
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.

Minimizing Burden on Small Businesses
This collection will not affect small businesses.

6.

Consequences of Not Conducting or Less Frequent Collection
The consequences of not conducting this collection would result in persons not having
the opportunity to apply for relief of disability.

7.

Special Circumstances
There are no special circumstances associated with this collection.

8.

Public Comments and Consultations
A 60-day and 30-day Federal Register notice was published in order to solicit comments
from the general public.

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9.

Provision of Payments or Gifts to Respondents
No payment or gift is associated with this collection.

10.

Assurance of Confidentiality
Responses are kept in a secured location. ATF staff that review and process the form
have “special government clearances”. Confidentiality is not assured.

11.

Justification for Sensitive Questions
Questions about an individual’s criminal history, immigration status and mental status are
asked. The question, “Are you a fugitive from justice?” is a prohibited category (Title XI
of the Organized Crime Control Act of 1970) and must be asked in order to ensure that
those persons certify that they are not prohibited. The questions are necessary in order to
ensure that the restoration of explosives privileges would not be contrary to public safety
and public interest.

12.

Estimate of Respondent’s Burden
We estimated that there are a total of 300 respondents associated with this information
collection request. The total number of responses is 300. We estimate that each
respondent will spend approximately 30 minutes completing this form. The total annual
burden hours associated with this request is 150 hours.

13.

Estimate of Cost Burden
ATF in-person interview of applicant’s previous explosives supervisor—300 x 0.5 (hour)
x $42 (hourly wage for technical specialist/responsible person) = $6,300. ATF in-person
interview of applicant’s previous explosives co-worker—300 x 0.5 (hour) x $22 (hourly
wage for employee possessor) = $3,300.
The respondent can mail the application to ATF. Therefore the cost of postage is
estimated at 300 respondents x .63 = $189.00.

14.

Cost to Federal Government
The cost to the Federal government is estimated at $420.00 for the printing of the form.

15.

Reason for Change in Burden
There are no adjustments associated with this collection.

16.

Anticipated Publication Plan and Schedule

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The results of this collection will not be published.
17.

Display of Expiration Date
ATF requests approval to not display the expiration date of OMB approval for this
collection. If we print the expiration date on the form, this will result in increased costs
to the Government because the need to replace inventories that will become obsolete with
the passage of the expiration date each time an OMB approval is renewed. The time
period during which the current edition of the form in this package will continue to be
utilized cannot be predicted. It could very easily span the several cycles of review and
OMB clearance renewal. Additionally, a substantive inventory of forms in the supply
line is necessary to meet the demand of the explosive industry. For these reasons, we
request authorization to omit printing of the expiration date on the form in this package.

18.

Exception to the Certification Statement
There are no exceptions to the certification statement.

B.

Collections of Information Employing Statistical Methods.
This collection of information employs no statistical methods.