[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69287-69288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28803]


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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation


National Instant Criminal Background Check System Section Agency 
Information Collection Activities: Existing collection, comments 
requested the Voluntary Appeal File (VAF) Brochure

ACTION: 60-Day Notice of Information Collection Under Review.

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    The Department of Justice (DOJ) FBI Criminal Justice Information 
Services (CJIS) Division's National Instant Criminal Background Check 
System (NICS) Section 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. Comments are encouraged 
and will be accepted for 60 days until January 9, 2012. 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 Sherry L. Kuneff, Management and Program 
Analyst, FBI, 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

[[Page 69288]]

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 Form: Voluntary Appeal File.
    (3) Agency Form Number, if any, and the applicable component of the 
department sponsoring the collection:
    Form Number: 1110-0043.
    Sponsor: Criminal Justice Information Services (CJIS) Division of 
the 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 Voluntary Appeal 
File (VAF) of the FBI Criminal Justice Information Services (CJIS) 
Division's National Instant Criminal Background Check System (NICS) 
Section.
    Brief Abstract: Under 28 CFR, Sec.  25.9(b)(1), (2), and (3), the 
NICS must destroy all identifying information on allowed transactions 
within 24 hours of the Federal Firearms Licensee (FFL) being notified 
of the transaction's proceed status. If a potential purchaser is 
delayed or denied a firearm then successfully appeals the decision, the 
NICS Section cannot retain a record of the overturned appeal or the 
supporting documentation. If the record cannot be updated, the 
purchaser continues to be delayed or denied, and if that individual 
appeals the decision, the documentation must be resubmitted for every 
subsequent purchase. As such, the Voluntary Appeal File (VAF) was 
mandated to be created and maintained by the NICS Section for the 
purpose of preventing future lengthy delays or erroneous denials of a 
firearm transfer. An individual wishing to request entry into the VAF 
may obtain a VAF brochure from the NICS Section, an FFL, or the NICS 
Section Web site: http://www.fbi.gov/about-us/cjis/nics/nics.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond:
    It is estimated that annually 7,542 individuals will request entry 
into the VAF. It takes an average of 5 minutes to read and complete all 
areas of the application, an estimated 2 hours for the process of 
fingerprinting including travel, and 25 minutes to mail the form for a 
total of 2.5 hours estimated burden to the respondent.
    (6) An estimate of the total public burden (in hours) associated 
with the collection:
    The number of persons requesting entry into the VAF is estimated to 
be 7,542 individuals annually. The time it takes each individual to 
complete the process is 2.5 hours. The total public burden hours are 
7,542 respondents multiplied by 2.5 hours which equals 18,855 total 
burden hours.
    If additional information is required, contact: Jerri 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-508, Washington, DC 
20530.

Jerri Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2011-28803 Filed 11-7-11; 8:45 am]
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