[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Notices]
[Pages 22704-22705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8646]


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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation


Agency Information Collection Activities: Proposed Collection; 
Comments Requested

ACTION: 30-Day 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 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 69, Number 218, 
page 65455 on November 12, 2004, 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 1, 2005. This process is conducted in 
accordance with 5 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 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 OMB via facsimile to (202) 395-5806. 
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:

--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility;
--Evaluate the accuracy of the agencies estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;

[[Page 22705]]

--Enhance the quality, utility, and clarity of the information to be 
collected; and
--Minimize the burden of the 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 Collection

    (1) Type of Information Collection: New data collection.
    (2) Title of the Form/Collection: 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 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/reply: 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.
    If additional information is required contact: Brenda E. Dyer, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Patrick Henry 
Building, Suite 1600, 601 D Street, NW., Washington, DC 20530.

Brenda E. Dyer,
Department Clearance Officer, Department of Justice.
[FR Doc. 05-8646 Filed 4-29-05; 8:45 am]
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