[Federal Register Volume 72, Number 226 (Monday, November 26, 2007)]
[Notices]
[Page 65985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22945]



[[Page 65985]]

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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[OMB Number 1110-0035]


Criminal Justice Information Services Division; National Instant 
Criminal Background Check System Section; Agency Information Collection 
Activities: Existing Collection, Comments Requested

ACTION: 60-Day Notice of Information Collection Under Review: Approval 
of an existing collection; The National Instant Criminal Background 
Check System (NICS) State Point of Contact (POC) Final Determination 
Electronic Submission.

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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. Comments are encouraged and will be accepted for 
60 days until January 25, 2008. This process is conducted in accordance 
with Title 5, Code of Federal Regulations (CFR), Sec.  1320.10.
    If you have comments (especially on the estimated public burden or 
associated response time), suggestions, or need a copy of the proposed 
information collection instrument with instructions or additional 
information, please contact Natalie N. Snider, Management and Program 
Analyst, Federal Bureau of Investigation, Criminal Justice Information 
Services Division, National Instant Criminal Background Check System 
Section, Module A-3, 1000 Custer Hollow Road, Clarksburg, West 
Virginia, 26306, or facsimile at (304) 625-7540.
    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) State Point of Contact (POC) 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 State Points of Contact (POC) , Partial-POCs, 
Alternate Permit State POCs.
    Brief Abstract: This collection is requested of Full State Points 
of Contact (POCs), Partial POCs, and Alternate Permit State POCs. Per 
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 State POC 
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 State POCs and ten Alternate Permit State POCs who 
conduct an average of 4,312,811 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 1,121,331 
transactions, which would be the total number of annual responses. The 
other 74 percent would not be reported in this collection. 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 18,689 hours yearly submitting 
determinations to the NICS. If the number of transactions were 
distributed evenly among the POC States, then 603 hours would be the 
estimated time for each of the 31 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: (4,312,811 total checks x 26 percent)/60 seconds = 18,689 
hours.
    If additional information is required, contact: Ms. Lynn Bryant, 
Department Clearance Officer, United States Department of Justice, 
Policy and Planning Staff, Justice Management Division, Suite 1600, 
Patrick Henry Building, 601 D Street, NW., Washington, DC 20530.

    Dated: November 20, 2007.
Lynn Bryant,
Department Clearance Officer, PRA, United States Department of Justice.
 [FR Doc. E7-22945 Filed 11-23-07; 8:45 am]
BILLING CODE 4410-02-P