[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80404-80405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32985]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

[OMB Number 1140-0020]


Agency Information Collection Activities; Proposed Collection: 
Emergency Request for Approval of Collection of Information Under 
Review Firearms Transaction Record, Part 1, Over-the-Counter

ACTION: Emergency 60-day notice.

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    The Department of Justice, Bureau of Alcohol, Tobacco, Firearms, 
and Explosives (ATF), will submit the following information collection 
request to the Office of Management and Budget (OMB) for review and 
clearance in accordance with the emergency review procedures of the 
Paperwork Reduction Act of 1995 (``the Act''). OMB approval will be 
requested by January 10, 2012. If granted, the emergency approval will 
only be valid for 180 days.
    Emergency review is being requested in accordance with the Act (44 
U.S.C. 3507(j)), because if normal clearance procedures are followed, 
significant public confusion is reasonably likely to result. The 
Department believes that in the absence of emergency clearance, there 
will be widespread confusion among Federal firearms licensees, as well 
as among aliens lawfully present in the United States who wish to 
purchase a firearm, about a process that if not performed correctly can 
result in the imposition of civil or criminal sanctions. This public 
harm can be avoided by emergency review. See 44 U.S.C. 
3507(j)(1)(B)(i). The Department is making conforming changes to the 
information collection instrument (ATF Form 4473, Firearms Transaction 
Record Part I--Over-the-Counter) so that the information collected is 
consistent with the requirements of law. The Department has recently 
concluded that two existing applications of the Gun Control Act (GCA) 
by ATF impose restrictions upon the lawful receipt and possession of 
firearms by aliens present in the United States that are not supported 
by the GCA. In particular, ATF regulations that extend the reach of 18 
U.S.C. 922(g)(5)(B) to prohibit the possession of firearms by all 
nonimmigrant aliens (unless they qualify for one of the exceptions 
contained in 18 U.S.C. 922(y)(2)) are unwarranted in existing law, and 
may only extend to nonimmigrant aliens who have been admitted to the 
United States under a nonimmigrant visa. Moreover, the Department has 
also concluded that

[[Page 80405]]

under the terms of the GCA, aliens lawfully present in the United 
States may not be subject to state residency requirements that are 
different from those that apply to U.S. citizens. Accordingly, ATF Form 
4473 is being revised to distinguish between nonimmigrant aliens 
admitted to the United States under a nonimmigrant visa and those who 
were admitted without a visa, and to strike an instruction on the form 
requiring aliens to establish residence in a State continuously for a 
period of at least 90 days prior to the date they propose to acquire a 
firearm from a Federal firearms licensee. Immediate revisions to Form 
4473 are necessary to conform with the law. Publication of this notice 
will acquaint licensees and aliens with the Department's legal 
positions. Delaying implementation of the new interpretation during a 
three to six month notice and comment period will generate many 
questions about which position licensees should follow. Immediate 
implementation is therefore required.
    The proposed changes are required by the GCA. Accordingly, this 
notice does not seek comments from the public concerning the proposed 
information collection.

Summary of Collection

    (1) Type of information collection: Revision of a previously 
approved collection.
    (2) The title of the form/collection: Firearms Transaction Record, 
Part 1, Over-the-Counter.
    (3) Agency form number, if any, and the applicable component of the 
Department of Justice sponsoring the collection: Form Number: ATF F 
4473 (5300.9) Part 1, Bureau of Alcohol, Tobacco, Firearms and 
Explosives.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. Other: 
Business or other for-profit.

Need for Collection

    The form is used to determine the eligibility, under the Gun 
Control Act, of a person to receive a firearm from a Federal firearm 
licensee and to establish the identity of the transferee. It is also 
used in law enforcement investigations/inspections to trace firearms 
and confirm that licensees are complying with their recordkeeping 
obligations under the GCA.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: Based on 
calendar year 2010 figures, ATF estimates that 14,409,616 respondents 
will respond to the collection each year and that the total amount of 
time to read the instructions and complete the form on average is 30 
minutes. ATF estimates that the average amount of time it takes to read 
and complete the form will not be affected by the changes it is 
proposing here. ATF also notes, however, that previous estimates of 
number of respondents (112,073) who complete the form each year have 
been inaccurate.
    (6) An estimate of the total burden (in hours) associated with the 
collection: ATF estimates 7,204,808 annual total burden hours 
associated with this collection. ATF notes that previous estimates of 
annual burden hours (56,037) have been inaccurate because they 
underestimated the number of respondents. The burden per respondent has 
not changed.
    If additional information is required contact: Jerri Murray at 
http://[email protected], Department Clearance Officer, Policy and 
Planning Staff, Justice Management Division, Department of Justice, 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. 2011-32985 Filed 12-22-11; 8:45 am]
BILLING CODE 4410-FY-P