[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Notices]
[Pages 2438-2439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00395]
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DEPARTMENT OF JUSTICE
[OMB Number 1110-0035]
Agency Information Collection Activities; Existing Collection,
Comments Requested: The National Instant Criminal Background Check
System (NICS) Point-of-Contact (POC) State Final Determination
Electronic Submission
ACTION: 30-Day notice.
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The Department of Justice (DOJ), Federal Bureau of Investigation
(FBI), Criminal Justice Information Services (CJIS) Division's 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 77, Number 215,
Pages 66636-66637, on November 6, 2012, allowing for a 60-day comment
period.
The purpose of this notice is to allow for an additional 30 days
for public comment until February 11, 2013. This process is conducted
in accordance with Title 5, Code of Federal Regulations (CFR), Section
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 directed to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention:
Department of Justice Desk Officer, Washington, DC 20503. Additionally,
comments may be submitted to the OMB via facsimile at (202) 395-7285.
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 POC States;
Partial POC States; and the ATF-qualified Alternate Permit States. Per
Title 28, Code of Federal Regulations, Section 25.6(h), POC States 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 send 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 voluntarily submit electronic notifications to the FBI CJIS
Division's NICS Section. Both POC States and ATF-qualified Permit
States conduct an average of 5,859,797 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
1,523,547 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 and ATF-qualified Alternate Permit State to transmit the
information per transaction to the NICS. Thus, it is estimated that
collectively all respondents will spend 25,392 hours yearly submitting
determinations to the NICS. If the number of transactions were
distributed evenly among the POC States and ATF-qualified Alternate
Permit States, then 651 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: (5,859,797 total checks x 26 percent)/60 seconds = 25,392
hours.
If additional information is required, contact: Jerri Murray,
Department Clearance Officer, United States Department of Justice,
Justice Management Division, Policy and Planning Staff, Two
Constitution Square, 145 N Street NE., Room 1407B, Washington, DC
20530.
[[Page 2439]]
Dated: January 8, 2013.
Jerri Murray,
Department Clearance Officer for PRA, United States Department of
Justice.
[FR Doc. 2013-00395 Filed 1-10-13; 8:45 am]
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