Criminal Justice Information Services Division; National Instant Criminal Background Check System Section; Agency Information Collection Activities: Existing Collection, Comments Requested, 1647 [E8-138]

Agencies

• Federal Bureau of Investigation
• Department of Justice

[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Notices]
[Page 1647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-138]


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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[OMB Number 1110-0035]


Criminal Justice Information Services Division; National Instant 
Criminal Background Check System Section; Agency Information Collection 
Activities: Existing Collection, Comments Requested

ACTION: 30-Day Notice of Information Collection Under Review: Approval 
of an existing collection; The National Instant Criminal Background 
Check System (NICS) State Point of Contact (POC) Final Determination 
Electronic Submission.

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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 72, Number 208, Pages 61183-61184, on 
October 29, 2007, allowing for a 60-day comment period. The purpose of 
this notice is to allow for an additional 30 days for public comment 
until February 8, 2008. This process is conducted in accordance with 
Title 5, Code of Federal Regulations (CFR), section 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 directed to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention 
Department of Justice Desk Officer, Washington, DC 20503. Additionally, 
comments may be submitted to OMB via facsimile to (202) 395-7285.
    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) State Point of Contact (POC) 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 State Points of Contact (POC), Partial POCs, 
Alternate Permit State POCs.
    Brief Abstract: This collection is requested of Full State Points 
of Contact (POCs), Partial POCs, and Alternate Permit State POCs. Per 
28 Code of Federal Regulations, Section 25.6(h), POC States 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 State POC 
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 
State POCs and ten Alternate Permit State POCs who conduct an average 
of 4,312,811 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 1,121,331 transactions, 
which would be the total number of annual responses. The other 74 
percent would not be reported in this collection. 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 18,689 hours yearly submitting determinations to 
the NICS. If the number of transactions were distributed evenly among 
the POC States, then 603 hours would be the estimated time for each of 
the 31 states to respond. Recordkeeping 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: (4,312,811 total checks x 26 
percent)/60 seconds = 18,689 hours.
    If additional information is required, contact: Ms. Lynn Bryant, 
Department Clearance Officer, United States Department of Justice, 
Policy and Planning Staff, Justice Management Division, Suite 1600, 
Patrick Henry Building, 601 D Street, NW., Washington, DC 20530.

    Dated: January 3, 2008.
Lynn Bryant,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. E8-138 Filed 1-8-08; 8:45 am]
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