[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Page 27354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11495]



[[Page 27354]]

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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[OMB Number 1110-0035]


Agency Information Collection Activities; Existing Collection, 
Comments Requested: Approval of an Existing Collection; The National 
Instant Criminal Background Check System (NICS) Point of Contact (POC) 
State Final Determination Electronic Submission

ACTION: 30-Day notice of information collection under review.

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    The Department of Justice (DOJ), Federal Bureau of Investigation 
(FBI), Criminal Justice Information Services (CJIS) Division's National 
Instant Criminal Background Check System (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 76, Number 41, Pages 11513-11514, on 
March 2, 2011, 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 10, 2011. This process is conducted in 
accordance with Title 5, Code of Federal Regulations (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 sent to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attn: DOJ Desk 
Officer. The best way to ensure your comments are received is to e-mail 
them to [email protected] or fax them to 202-395-7285. All 
comments should reference the 8 digit OMB number for the collection or 
the title of the collection. If you have questions concerning the 
collection, please call Sherry L. Kuneff at fax 304-625-7540 or the DOJ 
Desk Officer at 202-395-3176.
    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 Point of 
Contact (POC) States, Partial POC States, and the Bureau of Alcohol, 
Tobacco, Firearms and Explosives (ATF)-qualified Alternate Permit 
States. Per 28 Code of Federal Regulations, Section 25.6(h), State POCs 
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 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 POC States who are required to submit electronic 
notifications to the FBI CJIS Division's NICS Section and 18 ATF-
qualified Alternate Permit States who voluntarily submit electronic 
notifications to the FBI CJIS Division's NICS Section. Both POC States 
and ATF-qualified Permit States conduct an average of 5,313,445 
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 1,381,496 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 to transmit the information per 
transaction to the NICS. Thus, it is estimated that collectively all 
respondents will spend 23,024 hours yearly submitting determinations to 
the NICS. If the number of transactions were distributed evenly among 
the POC States, then 590 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: (5,313,445 total checks x 26 percent)/60 seconds = 23,024 
hours.
    If additional information is required, contact: Ms. Lynn Murray, 
Department Clearance Officer, United States Department of Justice, 
Policy and Planning Staff, Justice Management Division, Two 
Constitution Square, 145 N Street, NE., Room 2E-808, Washington, DC 
20530.

    Dated: May 5, 2011.
Lynn Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2011-11495 Filed 5-10-11; 8:45 am]
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