[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38184-38186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09859]


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DEPARTMENT OF JUSTICE

[OMB Number 1110-0039]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; Extension of a Currently Approved Collection; FBI 
Bioterrorism Preparedness Act Entity/Individual Information

AGENCY: Federal Bureau of Investigation, Department of Justice.

ACTION: 60-Day notice.

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SUMMARY: The Federal Bureau of Investigation (FBI), Criminal Justice 
Information Services (CJIS) Division, Department of Justice (DOJ), 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.

DATES: Comments are encouraged and will be accepted for 60 days until 
July 8, 2024.

FOR FURTHER INFORMATION CONTACT: If you have additional 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: 
Timothy R. Wiles, National Instant Criminal Background Check System 
Section (NICS), NICS External Service Unit, Federal Bureau of 
Investigation, CJIS Division, 1000 Custer Hollow Road, Clarksburg, West 
Virginia 26306; [email protected], (304) 625-2000.

SUPPLEMENTARY INFORMATION: Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should

[[Page 38185]]

address one or more of the following four points:

--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the functions of the Bureau of Justice 
Statistics, including whether the information will have practical 
utility;
--Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
--Evaluate whether and if so how the quality, utility, and clarity of 
the information to be collected can be enhanced; and
--Minimize the burden of the collection of information on those who are 
to respond, including through 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.

    Abstract: On June 13, 2002, the President of the United States 
signed the Public Health and Bioterrorism Preparedness and Response Act 
of 2002, (Bioterrorism Act), Public Law 107-188 into effect. Under this 
Act, the Secretaries of the United States Department of Agriculture 
(USDA) and Health and Human Services (HHS), in consultation with the 
Attorney General, are responsible for establishing appropriate 
safeguards and security requirements to prevent access to select agents 
and toxins for use in domestic or international terrorism or for any 
other criminal purpose.
    On January 30, 2003, the U.S. Attorney General directed the FBI to 
conduct the Bioterrorism Security Risk Assessments (SRAs) under 
sections 201, 212 and 221 of the Public Health Security and 
Bioterrorism Act, Public Law 107-188, 166 Stat. 594 (2002). On March 
25, 2003, FBI Director Mueller directed the Criminal Justice 
Information Services (CJIS) Division to promptly conduct the 
Bioterrorism SRAs. Under this delegation, the FBI receives biometric 
and biographic information submitted by individuals requesting access 
to select agents and toxins; utilizes criminal, immigration, national 
security and other electronic databases that are available to the 
Federal Government to conduct SRAs of such individuals; and consult 
with appropriate officials of the HHS and the USDA to determine whether 
certain individuals should be disqualified from possessing, using or 
transferring select agents and toxins.

Overview of This Information Collection

    1. Type of Information Collection: Extension of a currently 
approved collection.
    2. The Title of the Form/Collection: Federal Bureau of 
Investigation Bioterrorism Preparedness Act: Entity/Individual 
Information.
    3. The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form is FD-961. The 
applicable component within the Criminal Justice Information Services 
Division, Department of Justice (DOJ), Federal Bureau of Investigation 
(FBI).
    4. Affected public who will be asked or required to respond, as 
well as the obligation to respond:
    Primary: Those individuals applying for access to biological select 
agents and toxins. This collection is needed for the FBI to conduct 
security risk assessments (SRAs)required by the Bioterrorism Act and to 
determine whether applicants should be denied access to or granted 
limited access to specific agents and toxins. That information is then 
used by the FBI in consultations with appropriate officials of the 
Department of Health and Human Services (HHS) and the Department of 
Agriculture (USDA) as to whether certain individuals specified in the 
provisions should be denied access to or granted limited access to 
specific agents.
    Obligation to respond: Individuals voluntarily provide the 
requested/collected information; however, providing such information is 
required in order to obtain approval for access to select agents and 
toxins. (Sections 201, 212 and 221 of the Public Health Security and 
Bioterrorism Act, Public Law 107-188, 166 Statute 594 (2002).
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: There are 
approximately 3,007 (FY 2023) respondents at 1 hour 30 minutes for the 
FD-961 form.
    6. An estimate of the total annual burden (in hours) associated 
with the collection: The total annual burden hours for this collection 
is estimated to be 4,510.5 burden hours (3,007 x 90min/60 = 4,510.5)
    7. An estimate of the total annual cost burden associated with the 
collection, if applicable: Respondents will incur the estimated cost of 
$3.07 for postage fees to submit the FD-961 form and two completed 
fingerprint cards. It is estimated that the cost to the applicant to 
submit a photograph that meets criteria specified in the instruction 
pages based on national averages would be $15 at the post office. It is 
estimated that each applicant would travel approximately 3 miles one 
way and 6 miles round trip to a business to obtain their photo. This 
distance is estimated to take an amount of five minutes each way for a 
total of 10 minutes round trip. Also, to determine the travel cost to 
the respondent, the Department of Justice (DOJ) is factoring in the 
General Services Administration (GSA) reimbursement rate of $0.67 mile 
for privately owned automobiles (POA) use as of January 1, 2024. 
Therefore, the cost to the respondent to travel this distance is 
estimated to be $4.02.
3,007 (number of respondents) x (6 (miles) x $0.67 (amount per mile)) = 
$12,088.14
3,007 (number of respondents x $3.07 (postage) = $9,231.49
3,007 (number of respondents x $15.00 (picture at USPS) = $45,105

    The total annual cost incurred by the FY2023 respondents is 
($12,088.14 + $9,231.49 + $45,105) = $66,424.63 or $66,424.63/3,007 
($22.09 per person.)

                                               Total Burden Hours
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                                 Number of                         Total annual      Time per      Total annual
          Activity              respondents        Frequency         responses    response (min)  burden (hours)
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Complete form and travel               3,007  1/annually........           3,007              90         4,510.5
 time for photo for
 respondent.
                             -----------------------------------------------------------------------------------
    Unduplicated Totals.....           3,007  1/annually........           3,007              90         4,510.5
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    If additional information is required contact: Darwin Arceo, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution

[[Page 38186]]

Square, 145 N Street NE, 4W-218, Washington, DC.

    Dated: May 1, 2024.
Darwin Arceo,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2024-09859 Filed 5-6-24; 8:45 am]
BILLING CODE 4410-02-P