[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Pages 65455-65456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25172]


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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation


Agency Information Collection Activities: Proposed Collection; 
Comments Requested

ACTION: 60-Day Emergency Notice of Information Collection Under Review 
Voluntary Appeal File (VAF) Brochure.

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    The Department of Justice (DOJ), Federal Bureau of Investigation 
(FBI) has submitted the following information collection request to the 
Office of Management and Budget (OMB) for review and clearance in 
accordance with emergency review procedures of the Paperwork Reduction 
Act of 1995. OMB approval has been requested by November 19, 2004. The 
proposed information collection is published to obtain comments from 
the public and affected agencies. If granted, the emergency approval is 
only valid for 180 days. Comments should be directed to the OMB, Office 
of Information and Regulatory Affairs, Attn: Department of Justice Desk 
Officer, (202) 395-5806, Washington, DC 20530.
    During the first 60 days of this same review period, a regular 
review of this information collection is also being undertaken. All 
comments and suggestions, or questions regarding additional 
information, to include obtaining a copy of the proposed information 
collection instrument with instructions, should be directed to Natalie 
Goff-Haggerty, Program Analyst, Federal Bureau of Investigation, 
Criminal Justice Information Services (CJIS) Division, Module A-3, 1000 
Custer Hollow Road, Clarksburg, West

[[Page 65456]]

Virginia 26306, or facsimile at (304) 625-2356.
    Written comments and suggestions from the public and affected 
agencies concerning the proposed collection of information. Your 
comments should address one or more of the following four points:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the function of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of the information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of collection of information on those 
who are to respond, including through 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: New data collection.
    (2) Title of the Form: Voluntary Appeal File (VAF) Brochure.
    (3) Agency Form Number, if any, and the applicable component of the 
department sponsoring the collection: Form Number: None. Sponsor: 
Criminal Justice Information Services (CJIS) Division of Federal Bureau 
of Investigation (FBI), Department of Justice (DOJ).
    (4) Affected Public who will be asked or be required to respond, as 
well as a brief abstract: Primary: Any individual requesting entry into 
the Federal Bureau of Investigation (FBI) National Instant Criminal 
Background Check System (NICS) Voluntary Appeal File (VAF) brochure. 
Under the FBI NICS final rule, 28 CFR Part 25.9(b)(1), (2), (3), the 
FBI NICS Section must destroy all identifying information on allowed 
transactions before the start of the next FBI NICS operational day. If 
a potential purchaser is delayed or denied a firearm, then successfully 
appeals the decision, the FBI NICS Section would not be able to retain 
the record of the appeal. The purchaser would be denied continually if 
the record can not be updated, and would be required to appeal the 
decision and resubmit documentation/information to overturn the appeal 
on subsequent purchases. The proposed change in the regulation would 
permit lawful purchasers to request that the FBI NICS Section maintain 
documentation/information on them in a VAF. The VAF will be maintained 
by the FBI NICS for the purpose of preventing the future lengthy delays 
or denials of a firearm transfer.
    The application contained on the VAF brochure will be the means for 
an individual to request entry into the VAF. This form will be made 
available to the public through Federal Firearm Licensees (FFLs), state 
points of contact for firearm checks, and on the FBI NICS Web site at 
the internet.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The number of 
persons requesting entry into the VAF is estimated to be 12,500 
individuals. It takes an average of five minutes to read and complete 
all areas of the application, an estimated two hours for the process of 
fingerprinting including travel, and 25 minutes to mail the form for a 
total of two and a half hours estimated burden to the respondent.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The time it takes each individual to complete the 
process is 2.5 hours. The total public burden hours is 31,250 total 
burden hours.
    For Further Information Contact: Ms. Brenda Dyer, Department 
Clearance Officer, Information Management and Security Staff, Justice 
Management Division, United States Department of Justice, Patrick Henry 
Building, Suite 1600, 601 D Street, NW., Washington, DC 20530.

    Dated: November 5, 2004.
Brenda Dyer,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 04-25172 Filed 11-10-04; 8:45 am]
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