[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66636-66637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27036]


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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: 60-day notice.

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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 7, 2013. This process is conducted in accordance 
with Title 5, Code of Federal Regulations (CFR), Section 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, 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) 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 POC States, 
Partial POC States, and the Bureau ATF-qualified Alternate Permit 
States. Per Title 28, Code of Federal Regulations, Section 25.6(h), POC 
States are required

[[Page 66637]]

to transmit electronic determination messages to the FBI CJIS 
Division's 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 State must send 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.'' http://www.fbi.gov/programs/nics/index.htm.
    (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 that are required to submit electronic 
notifications to the FBI CJIS Division's NICS Section and 18 ATF-
qualified Alternate Permit States voluntarily submit electronic 
notifications to the FBI CJIS Division's NICS Section. Both POC States 
and ATF-qualified Permit States conduct an average of 5,859,797 
transactions per year. It is estimated that 26 percent of these 
transactions would be affected by this collection and would require 
electronic messages sent to the NICS. This translates to 1,523,547 
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 
and ATF-qualified Alternate Permit State to transmit the information 
per transaction to the NICS. Thus, it is estimated that collectively 
all respondents will spend 25,392 hours yearly submitting 
determinations to the NICS. If the number of transactions were 
distributed evenly among the POC States and ATF-qualified Alternate 
Permit States, then 651 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: (5,859,797 total checks x 26 percent)/60 seconds = 25,392 
hours.
    (7) Estimates of Total Annual Cost Burden:
    Due to the variety of technical requirements that exist among the 
different POC state systems, the multiplicity of available technology, 
and indeterminate volume of transactions, the total annual cost burden 
to the POC States and ATF-alternate Permit States were estimated to be 
approximately $13,390,000. This figure includes start-up costs for 
initial implementation which were estimated according to industry 
standard data and limited information provided by the POC states. This 
figure also includes NICS Section estimated annual costs for post-
implementation, which includes operation and maintenance, hardware/
software upgrades, and overhead based on 13 Full POC States.
    If additional information is required, contact: Jerri Murray, 
Department Clearance Officer, United States Department of Justice, 
Policy and Planning Staff, Justice Management Division, 145 N Street 
NE., Room 3W-1407B, Washington, DC 20530.

    Dated: November 1, 2102.
Jerri Murray,
Department Clearance Officer for PRA, United States Department of 
Justice.
[FR Doc. 2012-27036 Filed 11-5-12; 8:45 am]
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