[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80404-80405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32985]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
[OMB Number 1140-0020]
Agency Information Collection Activities; Proposed Collection:
Emergency Request for Approval of Collection of Information Under
Review Firearms Transaction Record, Part 1, Over-the-Counter
ACTION: Emergency 60-day notice.
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The Department of Justice, Bureau of Alcohol, Tobacco, Firearms,
and Explosives (ATF), will submit the following information collection
request to the Office of Management and Budget (OMB) for review and
clearance in accordance with the emergency review procedures of the
Paperwork Reduction Act of 1995 (``the Act''). OMB approval will be
requested by January 10, 2012. If granted, the emergency approval will
only be valid for 180 days.
Emergency review is being requested in accordance with the Act (44
U.S.C. 3507(j)), because if normal clearance procedures are followed,
significant public confusion is reasonably likely to result. The
Department believes that in the absence of emergency clearance, there
will be widespread confusion among Federal firearms licensees, as well
as among aliens lawfully present in the United States who wish to
purchase a firearm, about a process that if not performed correctly can
result in the imposition of civil or criminal sanctions. This public
harm can be avoided by emergency review. See 44 U.S.C.
3507(j)(1)(B)(i). The Department is making conforming changes to the
information collection instrument (ATF Form 4473, Firearms Transaction
Record Part I--Over-the-Counter) so that the information collected is
consistent with the requirements of law. The Department has recently
concluded that two existing applications of the Gun Control Act (GCA)
by ATF impose restrictions upon the lawful receipt and possession of
firearms by aliens present in the United States that are not supported
by the GCA. In particular, ATF regulations that extend the reach of 18
U.S.C. 922(g)(5)(B) to prohibit the possession of firearms by all
nonimmigrant aliens (unless they qualify for one of the exceptions
contained in 18 U.S.C. 922(y)(2)) are unwarranted in existing law, and
may only extend to nonimmigrant aliens who have been admitted to the
United States under a nonimmigrant visa. Moreover, the Department has
also concluded that
[[Page 80405]]
under the terms of the GCA, aliens lawfully present in the United
States may not be subject to state residency requirements that are
different from those that apply to U.S. citizens. Accordingly, ATF Form
4473 is being revised to distinguish between nonimmigrant aliens
admitted to the United States under a nonimmigrant visa and those who
were admitted without a visa, and to strike an instruction on the form
requiring aliens to establish residence in a State continuously for a
period of at least 90 days prior to the date they propose to acquire a
firearm from a Federal firearms licensee. Immediate revisions to Form
4473 are necessary to conform with the law. Publication of this notice
will acquaint licensees and aliens with the Department's legal
positions. Delaying implementation of the new interpretation during a
three to six month notice and comment period will generate many
questions about which position licensees should follow. Immediate
implementation is therefore required.
The proposed changes are required by the GCA. Accordingly, this
notice does not seek comments from the public concerning the proposed
information collection.
Summary of Collection
(1) Type of information collection: Revision of a previously
approved collection.
(2) The title of the form/collection: Firearms Transaction Record,
Part 1, Over-the-Counter.
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: ATF F
4473 (5300.9) Part 1, Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Other:
Business or other for-profit.
Need for Collection
The form is used to determine the eligibility, under the Gun
Control Act, of a person to receive a firearm from a Federal firearm
licensee and to establish the identity of the transferee. It is also
used in law enforcement investigations/inspections to trace firearms
and confirm that licensees are complying with their recordkeeping
obligations under the GCA.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: Based on
calendar year 2010 figures, ATF estimates that 14,409,616 respondents
will respond to the collection each year and that the total amount of
time to read the instructions and complete the form on average is 30
minutes. ATF estimates that the average amount of time it takes to read
and complete the form will not be affected by the changes it is
proposing here. ATF also notes, however, that previous estimates of
number of respondents (112,073) who complete the form each year have
been inaccurate.
(6) An estimate of the total burden (in hours) associated with the
collection: ATF estimates 7,204,808 annual total burden hours
associated with this collection. ATF notes that previous estimates of
annual burden hours (56,037) have been inaccurate because they
underestimated the number of respondents. The burden per respondent has
not changed.
If additional information is required contact: Jerri Murray at
http://[email protected], Department Clearance Officer, Policy and
Planning Staff, Justice Management Division, Department of Justice, Two
Constitution Square, 145 N Street NE., Room 2E-508, Washington, DC
20530.
Jerri Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2011-32985 Filed 12-22-11; 8:45 am]
BILLING CODE 4410-FY-P