[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Page 27354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11495]
[[Page 27354]]
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DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110-0035]
Agency Information Collection Activities; Existing Collection,
Comments Requested: Approval of an Existing Collection; The National
Instant Criminal Background Check System (NICS) Point of Contact (POC)
State Final Determination Electronic Submission
ACTION: 30-Day notice of information collection under review.
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The Department of Justice (DOJ), Federal Bureau of Investigation
(FBI), Criminal Justice Information Services (CJIS) Division's National
Instant Criminal Background Check System (NICS) Section will be
submitting the following information collection request to the Office
of Management and Budget (OMB) for review and approval in accordance
with the Paperwork Reduction Act of 1995. The proposed information
collection is published to obtain comments from the public and affected
agencies. This proposed information collection was previously published
in the Federal Register Volume 76, Number 41, Pages 11513-11514, on
March 2, 2011, allowing for a 60-day comment period.
The purpose of this notice is to allow for an additional 30 days
for public comment until June 10, 2011. This process is conducted in
accordance with Title 5, Code of Federal Regulations (CFR), 1320.10.
Written comments and/or suggestions regarding the items contained
in this notice, especially the estimated public burden and associated
response time, should be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Attn: DOJ Desk
Officer. The best way to ensure your comments are received is to e-mail
them to [email protected] or fax them to 202-395-7285. All
comments should reference the 8 digit OMB number for the collection or
the title of the collection. If you have questions concerning the
collection, please call Sherry L. Kuneff at fax 304-625-7540 or the DOJ
Desk Officer at 202-395-3176.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Your comments should address one or more of the following
four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency/
component, including whether the information will have practical
utility;
(2) Evaluate the accuracy of the agency's/component's estimate of
the burden of the proposed collection of the information, including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information
(1) Type of information collection: Approval of an Existing
Collection.
(2) Title of the Forms: The National Instant Criminal Background
Check System (NICS) Point of Contact (POC) State Final Determination
Electronic Submission.
(3) Agency Form Number, if any, and the applicable component of the
department sponsoring the collection:
Form Number: 1110-0035.
Sponsor: Criminal Justice Information Services (CJIS) Division of
the Federal Bureau of Investigation (FBI), Department of Justice (DOJ).
(4) Affected public who will be asked or required to respond, as
well as a brief abstract:
Primary: Full Point of Contact (POC) States, Partial POC States,
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)-qualified
Alternate Permit States.
Brief Abstract: This collection is requested of Full Point of
Contact (POC) States, Partial POC States, and the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF)-qualified Alternate Permit
States. Per 28 Code of Federal Regulations, Section 25.6(h), State POCs
are required to transmit electronic determination messages to the
Federal Bureau of Investigation (FBI) Criminal Justice Information
Services Division's National Instant Criminal Background Check System
(NICS) Section of the status of a firearm background check in those
instances in which a transaction is ``open'' (transactions unresolved
before the end of the operational day on which the transaction was
initiated); ``denied'' transactions; transactions reported to the NICS
as open and subsequently changed to proceed; and overturned denials.
The POC States must communicate this response to the NICS immediately
upon communicating their determination to the Federal Firearms Licensee
or in those cases in which a response has not been communicated, no
later than the end of the operational day in which the transaction was
initiated. For those responses that are not received, the NICS will
assume the transaction resulted in a ``proceed.''
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond:
There are 21 POC States who are required to submit electronic
notifications to the FBI CJIS Division's NICS Section and 18 ATF-
qualified Alternate Permit States who voluntarily submit electronic
notifications to the FBI CJIS Division's NICS Section. Both POC States
and ATF-qualified Permit States conduct an average of 5,313,445
transactions per year. It is estimated that 26 percent would be
affected by this collection and would require electronic messages sent
to the NICS. This translates to 1,381,496 transactions, which would be
the total number of annual responses. The other 74 percent would not be
reported in this collection. It is estimated it will require one minute
(60 seconds) for each POC State to transmit the information per
transaction to the NICS. Thus, it is estimated that collectively all
respondents will spend 23,024 hours yearly submitting determinations to
the NICS. If the number of transactions were distributed evenly among
the POC States, then 590 hours would be the estimated time for each of
the 39 states to respond. Record keeping time is part of the routine
business process and is not part of this calculation.
(6) An estimate of the total public burden (in hours) associated
with the collection:
The average yearly hour burden for submitting final determinations
combined is: (5,313,445 total checks x 26 percent)/60 seconds = 23,024
hours.
If additional information is required, contact: Ms. Lynn Murray,
Department Clearance Officer, United States Department of Justice,
Policy and Planning Staff, Justice Management Division, Two
Constitution Square, 145 N Street, NE., Room 2E-808, Washington, DC
20530.
Dated: May 5, 2011.
Lynn Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2011-11495 Filed 5-10-11; 8:45 am]
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